· 2/18/1998
Wendland v. Sparks
Citations
- 574 N.W.2d 327
- 1998 Iowa Sup. LEXIS 35
- 1998 WL 63519
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the “traditional requirement” for proximate cause is that something was “probably” the cause, citing Bradshaw, infra
- concluding a plaintiff need not plead a lost chance theory to avail himself or herself of such a claim in a wrongful death action based on medical malpractice
- concluding a plaintiff need not plead a lost chance theory to avail himself or herself of such a claim in a wrongful death action based on medical malpractice
- recognizing notice pleading only requires “a short and plain statement” and “need only apprise the opposing parties of the incident giving rise to the claim and the general nature of the action” (citation omitted)
- patient could recover for a lost chance of less than 50%
Source: CourtListener parenthetical corpus (CC0).
Judges: Harris, Larson, Carter, Neuman, Snell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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