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Case No. 17-0908

Sharon K. Susie, an individual and Larry D. Susie
v.
Family Health Care of Siouxland, P.L.C. d/b/a Family Health Care of Siouxland Urgent Care and Sarah Harty

Plaintiffs appealed from a district court order granting defendants a summary judgment in plaintiffs’ action for medical malpractice. Plaintiffs contended the district court erred in failing to find they had presented a genuine issue of material fact through expert testimony as to whether defendants’ negligence in diagnosis and treatment caused plaintiff’s injuries. The court of appeals reversed and remanded for further proceedings. Defendants seek further review.

County:
Woodbury
Trial Court Case No.:
LACV162319

Resister

Sharon K. Susie, an individual and Larry D. Susie

Applicants

Family Health Care of Siouxland, P.L.C. d/b/a Family Health Care of Siouxland Urgent Care and Sarah Harty

Attorneys for Resister

Marc A. Humphrey

Attorneys for Applicants

Jack D. Hilmes
Erik P. Bergeland
Kellen B. Bubach

Supreme Court

Oral Argument Schedule

15-15-5

Dec 18, 2019 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
17-0908
Date Published:
Mar 12, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0908
Date Published:
Nov 07, 2018
Summary

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  Dissent by McDonald, J.  (24 pages)

            Sharon and Larry Susie appeal the district court decision granting summary judgment to defendants in this medical malpractice action.  OPINION HOLDS: We determine the district court improperly granted summary judgment to defendants on the issue of negligence and the issue of lost chance of a cure.  Plaintiffs presented adequate expert testimony on a causal relationship between the defendants’ actions and the injury sustained.  We reverse the decision of the district court and remand for further proceedings.  DISSENT ASSERTS: The district court correctly granted the defendants' motion for summary judgment.  The plaintiffs failed to establish a prima facie case of medical malpractice.

Other Information

Date Further Review is Granted:
Feb 27, 2019

View archived opinions from prior to November 2017

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