# Fabio v. Bellomo

> Supreme Court of Minnesota · August 20, 1993 · 504 N.W.2d 758

URL: https://www.frixlaw.com/law-library/cases/9862063

## Case

- **Full name:** Delores FABIO, Petitioner, Appellant, v. James BELLOMO, M.D., Respondent
- **Court:** Supreme Court of Minnesota
- **Decided:** August 20, 1993
- **Citations:** 504 N.W.2d 758; 1993 Minn. LEXIS 558; 1993 WL 313717
- **Precedential status:** Published
- **Opinion:** Dissent by Page
- **Judges:** Tomuanovich, Gardebring, Wahl
- **Cited by:** 491 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9862063

## How later opinions describe it (automated extraction)

- 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…
- 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 a…
- 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
- holding that the single act exception applied where the physician misdiagnosed the plaintiff's illness and overlooked her breast cancer during later visits

## Opinion text

PAGE, Justice
(dissenting).
I join in the dissent of Justice Gardebr-ing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9862063. Public record. Not legal advice.