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Case No. 19-1066

Rosalinda Valles, Individually and on Behalf of F.L., Her Minor Child
v.
Andrew Mueting, Joseph Liewer, Northwest Iowa Emergency Physicians, P.C., Amy Wingert and Kelly Ryder

Plaintiff in action alleging medical malpractice appeals from judgments entered in favor of defendants. Plaintiff contends the district court erred: (1) in its pretrial ruling that Iowa Code section 147.136 barred plaintiff from recovering damages for past medical expenses paid by another state’s Medicaid provider; (2) in entering a summary judgment in favor of two of the physician defendants on grounds there was insufficient evidence they had a physician-patient relationship with plaintiff; (3) in failing to instruct the jury on applicable specialist standards of care of family practice and emergency medicine with respect to two physician defendants; (4) by submitting to the jury the issue of the comparative fault of the hospital, which had settled prior to trial, without sufficient evidence of the hospital’s fault; and (5) in allowing defendants to present expert testimony which was not previously disclosed.

County:
Woodbury

Appellants

Rosalinda Valles, Individually and on Behalf of F.L., Her Minor Child

Appellees

Andrew Mueting, Joseph Liewer, Northwest Iowa Emergency Physicians, P.C., Amy Wingert and Kelly Ryder

Attorneys for Appellants

Jim Leventhal
Bruce L. Braley
Brian N. Aleinikoff
Benjamin I. Sachs

Attorneys for Appellees

John C. Gray
Jeff W. Wright
Kevin J. Kuhn
Christine L. Conover
Carrie L. Thompson
Nancy J. Penner
Patrick G. Vipond
Sarah M. Dempsey
William R. Settles

Supreme Court

Oral Argument Schedule

15-15-5

Dec 15, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
19-1066
Date Published:
Mar 19, 2021

View archived opinions from prior to November 2017

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