5. At all times relevant hereto, defendant COLUMBIA PRESBYTERIAN

MEDICAL CENTER, held itself out as a medical hospital duly qualified and

capable of rendering competent medical care, treatment, advice and surgery to

the general public, including plaintiffs’ decedent, Seth B. Speken.

6. At all times relevant hereto, defendant COLUMBIA PRESBYTERIAN

MEDICAL CENTER, furnished and/or provided physicians, surgeons, residents,

interns, nurses and other medical personnel at said hospital to afford medical

care, advice, referral, recommendations, management and treatment to the general

public, including plaintiffs’ decedent, Seth B. Speken.

7. At all times relevant hereto, defendant COLUMBIA PRESBYTERIAN

MEDICAL CENTER, represented that its employees, servants, agents, affiliated

physicians, surgeons, residents, interns, nurses, aides and medical personnel at

said medical hospital were capable, competent and qualified to properly and

adequately order, recommend, request, advise, perform, render or provide all of

the professional examinations, evaluations, consultations, care, treatments,

procedures, tests, studies, services and advice ordered, recommended, requested,

required and advised for, performed upon, rendered and/or provided to plaintiffs’

decedent, Seth B. Speken.

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