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.
Resister
Sharon K. Susie, an individual and Larry D. Susie
Applicant
Family Health Care of Siouxland, P.L.C. d/b/a Family Health Care of Siouxland Urgent Care and Sarah Harty
Attorney for the Resister
Marc A. Humphrey
Attorneys for the Applicant
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:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.