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Thursday, August 30, 2007

Ind. Decisions - 7th Circuit rules in Indiana medical malpractice case

In Lasley v. Moss (SD Ind., Judge McKinney), an 8-page opinion, Judge Bauer writes:

Angelica Lasley sued Dr. John A. Moss in Indiana state court for medical malpractice, claiming that Dr. Moss failed to reasonably disclose to her the available options for treating her thyroid condition and the risks associated with surgery. William G. Lasley, Angelica’s husband, sued Dr. Moss for loss of consortium. Following removal to federal court on diversity grounds, the case was submitted to a jury, which found in favor of Mrs. Lasley on her medical malpractice claim and in favor of Dr. Moss on Mr. Lasley’s consortium claim. Dr. Moss now appeals, challenging the district court’s rejection of a jury instruction that he had tendered to the court. He also challenges the district court’s decision to grant the Lasleys’ motion for judgment as a matter of law on Dr. Moss’ defense that Mrs. Lasley failed to mitigate her damages. We affirm.

Posted by Marcia Oddi on August 30, 2007 01:38 PM
Posted to Ind. (7th Cir.) Decisions