Medical Malpractice Case Results

  • Jocelyn Dickhoff by her parents and natural guardians Joseph Dickhoff and Kayla Dickhoff, Appellants, vs. Rachel Green, M. D., et al., Respondents

    Case Description:
    A medical–malpractice claim based on a physician’s failure to diagnose cancer is not barred as a mere “loss of chance” (or reduced–chance) claim when the misdiagnosis resulted in a delay in treatment that makes it more likely than not that the patient will not survive the cancer.

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  • Elaine M. Wesely, Appellant, vs. A. David Florr, DDS, et al., Respondents

    Case Description:
    Appellant Elaine Wesely alleges that she received negligent care from respondent dentist A. David Flor. In her dental malpractice action, Wesely submitted an affidavit disclosing the opinions of a doctor of internal medicine, not a dentist, in an attempt to satisfy the statutory requirement of expert disclosure.

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  • Margaret MacRae, trustee for the next of kin of Roderick MacRae, Appellant, vs. Group Health Plan, Inc., et al., Respondents

    Case Description:
    Margaret MacRae brought this malpractice action after her husband, Roderick MacRae, died from cancer. The district court dismissed the complaint, finding that Margaret’s claim was barred by the statute of limitations, and the court of appeals affirmed. Because respondents did not meet their burden to show that Margaret incurred compensable damage more than 4 years before she filed this action, we reverse.

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