Where plaintiffs sued healthcare providers for breach of contract and negligent failure to diagnose following an erroneous diagnosis and surgery for pancreatic cancer, summary judgment for the defendants on the failure-to-diagnose claim is upheld because the plaintiffs’ challenges to the admission of evidence and certain instructions did not amount to reversible error to support a new trial, but the grant of judgment as a matter of law to the clinic on the claim for breach of contract is reversed and remanded because the plaintiffs showed that a doctor promised to perform a certain procedure and did not do it, resulting in damages to them.
Judgment is affirmed in part; vacated and remanded.
Kaplan v. Mayo Clinic, et al. (MLW No. 62714/Case No. 09-2493/10-2290 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.) Appealed from U.S. District Court, District of Minnesota, Tunheim, J. (James F.B. Daniels, Kansas City, Missouri, argued for appellant) (William R. Stoeri, Minneapolis, argued for appellee; Heather M. McCann and Joshua Murphy appeared on the brief).