Health Law Keyed to Furrow
Kaplan v. Mayo Clinic
Facts
Following complaints of severe abdominal pain, Elliott Kaplan (Plaintiff) was brought to the hospital where testing was ordered by his family physician. The hospital pathologist reported that a CT scan and needle biopsy were consistent with cancer. Plaintiff was referred to Mayo Clinic Rochester, Inc., and specifically, to Drs. Nagorney and Burgart (referred to collectively as "Mayo" (Defendant). Dr. Nagorney (Defendant), a surgeon, agreed to treat Plaintiff and requested from him the hospital records and biopsy slides that the pathologists had examined. Dr. Burgart (Defendant), a pathologist, reviewed the needle biopsy slides and provided a written diagnosis that indicated cancer. Dr. Nagorney (Defendant) reviewed Dr. Burgart's (Defendant) report and informed Plaintiff he had pancreatic cancer that was deadly and aggressive, and he recommended that a "Whipple procedure" be performed. This procedure involves removing part of the pancreas and stomach, as well as the duodenum. Following the surgery, Dr. Burgart (Defendant) and the other Mayo (Defendant) pathologists examined the removed pancreatic tissue, and found that Plaintiff had not had cancer after all. Plaintiff and his wife filed suit against Mayo (Defendant) and Drs. Nagorney (Defendant) and Burgart (Defendant), based on the incorrect diagnosis of pancreatic cancer and the surgery that followed. The district court granted summary judgment in favor of Dr. Nagorney (Defendant), and the case went on to trial against the other defendants on claims of breach of contract and negligent failure to diagnose. At the conclusion of Plaintiffs' case-in-chief, the district court granted judgment as a matter of law against them on the breach-of-contract claim. The jury returned a verdict for Mayo (Defendant) and Dr. Burgart (Defendant) on the Kaplan's claim for negligent failure to diagnose, and the district court entered judgment on that verdict. The Plaintiffs then appealed the judgments in favor of Mayo (Defendant) and Dr. Burgart (D) on their negligent failure-to-diagnose and contract claims.
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