· 5/15/2009
Doe v. CENTRAL IOWA HEALTH SYSTEM
Citations
- 766 N.W.2d 787
- 2009 Iowa Sup. LEXIS 46
- 2009 WL 1363474
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding expert testimony was necessary to show causation in a case where the plaintiff had undergone prior méntal injuries that may have caused his injury
- recognizing a duty may arise pursuant to a statutory enactment
- recognizing a duty may arise pursuant to a statutory enactment
- requiring evidence of the theory of causation to be “reasonably probable—not merely possible, and more probable than any other hypothesis based on such evidence.”
- noting expert medical testimony is required unless “the plaintiff's injury is within the knowledge and experience of an ordinary layperson”
- contrasting a throat incision and bleeding, where a layperson would understand causation, with multiple falls and multiple back injuries, where a layperson would be unable to determine which fall caused which injury without the aid of expert testimony
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiggins, Ternus, Appel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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