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Civil Procedure Keyed to Friedenthal
Battle v. Memorial Hospital at Gulfport
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Daniel Battle was fifteen months old when he developed viral encephalitis (HSE). Daniel was taken to Defendant hospital where Defendant doctors repeatedly misdiagnosed his affliction. The delay in proper diagnosis resulted in a delay in HSE treatment which in turn resulted in Daniel being in a permanent vegetative state. Defendants’ position was that Daniel did not have HSE and therefore it would not have helped to have provided HSE treatment earlier in his affliction. Plaintiffs filed a medical malpractice suit with state and federal claims, and the suit was moved to the United States District Court for the Southern District of Mississippi. The magistrate judge granted a summary judgment for Defendants, making numerous evidentiary, statutory and procedural rulings as the basis for the judgment. The judge refused to admit the deposition of Plaintiffs’ expert, Dr. Fred Lakeman, who was the doctor who had a positive HSE identification because he considered it a discovery d eposition. The court also held that another expert for Plaintiffs, Dr. Young was required to give video deposition testimony rather than live testimony.
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