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Crawford v. Mitros
Mitchell J. Crawford and Angela L. Vargas, Individually and as Parents and Next Friends of M.J.C., Plaintiffs-Appellants
Christopher L. Mitros, M.D., Joshua A. Pruitt, M.D., East Central Iowa Acute Care, LLP, St. Luke's Methodist Hospital, St. Luke's Methodist Hospital d/b/a UnityPoint Heath Cedar Rapids, and State of Iowa, Defendants-Appellees
Attorneys for Appellants
James K. Weston II
Hugh G. Albrecht
Attorneys for Appellees East Central Iowa Acute Care LLP and Christopher L. Mitros, M.D.
Richard A. Stefani
Thomas F. Ochs
Attorneys for Appellee State of Iowa
Jessica Tucker Glick
Carolyn Russel Wallace
Attorneys for Appellee UnityPoint Health Cedar Rapids
Tricia Hoffman-Simanek
Graham R. Carl
Attorneys for Appellee St. Luke's Methodist Hospital
Tricia Hoffman-Simanek
Graham R. Carl
Ross T. Andrews
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge. AFFIRMED. Heard by Schumacher, P.J., and Ahlers and Langholz, JJ. Opinion by Ahlers, J. (10 pages)
Angela Vargas and Mitchell Crawford, as parents and next friends of their child, appeal the district court’s ruling granting the defendants’ motion for directed verdict in this medical malpractice case. The appellants argue they presented substantial evidence to support their claim for lost chance of a better outcome. OPINION HOLDS: Assuming without deciding that Iowa recognizes a cause of action for lost chance of a better outcome, we conclude the plaintiffs failed to present substantial evidence to warrant submission of the claim to the jury.