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Tag Archives: Negligence

Negligence: Medical Malpractice-Statute Of Limitations-Continuing Care Doctrine

Where plaintiffs brought a medical-negligence action against their health care providers claiming that negligent post-operative medical care of an ovarian cyst resulted in the woman’s infertility and related complications, the judgment is reversed and remanded because the evidence raised a ...

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Negligence: Medical Malpractice-Failure to Counteract Drug Side-Effects-Exclusion of Expert Testimony

Plaintiffs sued defendant medical malpractice, alleging defendant failed to exercise reasonable care to counteract the side effects of medication it prescribed. During trial, the district court excluded plaintiff’s expert, concluding he was “not qualified to testify regarding the standard of ...

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Negligence: Motor-Vehicle Accident- Exclusive Remedy of Workers’ Compensation- Dual Employment

Plaintiff was injured when defendant fell asleep at the wheel of their tractor-trailer. Defendant was transporting goods as an independent contractor and mentoring plaintiff for the carrier’s training program. The district court dismissed plaintiff’s claim as barred by the workers’ ...

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