concluding, even if court were to adopt "loss of chance" theory in medical malpractice actions, summary judgment was appropriate on "loss of chance" theory because patient failed to present evidence that it was more probable than not that her cancer would recur or that she had diminished life expectancy
How later courts described this case
- concluding, even if court were to adopt "loss of chance" theory in medical malpractice actions, summary judgment was appropriate on "loss of chance" theory because patient failed to present evidence that it was more probable than not that her cancer would recur or that she had diminished life expectancy
- stating that a summary-judgment motion must be granted “when the pleadings, depositions, answers to interrogatories, and admissions on file, to gether with the affidavits, if any show that there is no genuine issues of material fact and either party is entitled to a judgment as a matter of law”
- stating that statute of limitations is “extended when a doctor’s negligence is part of a continuing course of treatment, such as when a doctor consistently fails to properly treat a fracture”
- holding that the district court did not abuse its discretion by denying a party’s motion to amend when the Substapce of the amendment was barred by the statute of limitations
Written by the judges who cited it.
The opinion
PAGE, Justice
(dissenting).
I join in the dissent of Justice Gardebr-ing.