· 11/20/1991
Tappe Ex Rel. Tappe v. Iowa Methodist Medical Center
Citations
- 477 N.W.2d 396
- 1991 Iowa Sup. LEXIS 427
- 1991 WL 239882
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \captain of the ship\ is not in accord with modern practice and refusing to adopt it
- noting that \captain of the ship\ is not in accord with modern practice and refusing to adopt it
- finding reversal was not justified because the district court’s wrongful exclusion of expert testimony was harmless
- finding reversal was not justified in a medical malpractice case because the district court’s wrongful exclusion of expert testimony was harmless
- avoiding the inference of negligence without proof in a res ipsa theory as “while physicians control their surgical instruments and medicine, 35 they do not control the physical condition and reactions of their patients”
- res ipsa loquitur cannot apply when all experts agree that stroke occurs in fixed percentage of all bypass surgeries even in absence of negligence
Source: CourtListener parenthetical corpus (CC0).
Judges: Andreasen, Harris, Larson, Neuman, Schultz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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