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Case No. 20-1700

For summaries from opinions prior to August, 2018, view PDF versions here

Bethany Lutheran Health Services
v.
Patricia Cumpston

Appellee

Bethany Lutheran Health Services

Appellant

Patricia Cumpston

Attorneys for the Appellee

Jennifer E. Lindberg
Jordan D. Nickerson
Emily S. Hildebrand Pontius
Brandon R. Underwood

Attorney for the Appellant

Amanda Heims

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1700
Date Published:
Dec 15, 2021
Summary

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (13 pages)

            Patricia Cumpston appeals from the order finding her responsible for the outstanding balance owed to Bethany Lutheran Health Services for care provided to her late husband.  OPINION HOLDS: Cumpston failed to preserve her argument that Iowa Code section 597.14 (2018) was not properly before the court.  Even if she did, the district court did not abuse its discretion in impliedly permitting Bethany Lutheran’s post-trial amendment asserting a section 597.14 claim, as Cumpston suffered no prejudice or surprise.  Further, Bethany Lutheran’s charges were for reasonable and necessary expenses of the family for which Cumpston was responsible.  Finally, Cumpston failed to prove Bethany Lutheran owed her a fiduciary duty in applying for Medicaid.

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