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655 F.2d 1034 Tenth Circuit August 6, 1981 No. 80-1420
Newcomb’s representative argues a separate cause of action arises out of each negligent diagnosis by a military doctor.
New-comb recognized in 1973 that some of the military doctors who saw him were negligent because he had visited them for bed-wetting; he identified bedwetting with his kidney problems.
Additionally, the evidence indicates that in 1973 Newcomb was aware that at least some of the military doctors had been negligent in failing to properly diagnose his medical problem.
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255 F.2d 176 Tenth Circuit May 6, 1958 No. 5779
and in following the advice and instructions qf the physician throughout the treatment, and his injuries are aggravated, or a poor result obtained by the negligence of the physician, the law regards the negligence of the one who caused
The Keown and Paris cases were both malpractice actions against physicians who had treated plaintiffs with broken bones caused by the alleged negligence of others, where the original tort-feasors had been released from liability by
caused, provided the injured party tused care in selecting a doctor.
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256 F.2d 542 Tenth Circuit June 9, 1958 No. 5774
Edwards contends that Cecelia’s injuries were aggravated by negligent treatment which she received from her doctors and that the trial court errone *543 ously instructed the jury as to the liability of Edwards for such injuries
New Mexico Construction Co., 39 N.M. 216 , 44 P.2d 489, 494 , appears the following dictum: _ “ * * * The negligence of physician, surgeon, or nurse may intervene to aggravate an injury or make it fatal.
The tort involved in the Valdez case was negligent language.”
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430 F.2d 1331 Tenth Circuit August 24, 1970 No. 593-69
This action, originally filed in the state courts of Colorado, presents a claim by plaintiff Bates for personal injuries suffered through the claimed negligence of Carlow, a physician who at the time of the alleged negligence was commissioned
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466 F.3d 1195 Tenth Circuit October 31, 2006 No. 05-5055
. ** On May 21, 2004, the Linds filed a petition in the District Court of Tulsa County, Oklahoma, against Aetna, alleging medical *1198 negligence, medical negligence under respondeat superior, tortious interference with doctor/patient
The Court made clear that its holding was based on the fact that “the present claim does not involve the administration of benefits or the level or quality of benefits promised by the plan; the claim alleges negligent care by the doctor
Jane Doe was not acting as a treating physician, nor is Mr. Lind alleging medical negligence against his actual treating physician, Dr. Gonzalez. Moreover, there is no agency relationship between Dr.
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303 F.3d 1207 Tenth Circuit August 21, 2002 Nos. 00-5131, 00-5137, 00-5138
Negligent Infliction of Emotional Distress Against Doctor Muckala Dr. Muckala challenges the verdict on Ms.
Muckala and/or Columbia Doctors’ Hospital engaged in negligent conduct; (2) Veronica Wilson and Pete Wilson suffered serious emotional distress; and (3) Dr.
Muc-kala and/or Columbia Doctors' Hospital's negligent conduct was a cause of the serious emotional distress.” II Hospital App. at 311. 2 .
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69 F.3d 548 Tenth Circuit November 2, 1995 No. 94-4207
The claims against the doctors sounded in tort, primarily medical malpractice and negligence, based on the doctors' failure to devise appropriate medical standards for Summit Quest, their failure to protect Michelle from the risks
There is also no basis under these circumstances that there could have been a negligent misrepresentation. 18 Moreover, the doctors' alleged contract with Summit Quest did not establish a doctor-patient relationship or a duty of
The first complaint alleged that the physicians negligently failed to establish medical standards or supervise Michelle's care.
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395 F.2d 537 Tenth Circuit January 15, 1968 No. 9541
The record discloses that the gravamen of the parents’ action consists of alleged negligent and careless acts of a practicing physician and, in substance, is an action for malpractice.
the physician.
acts of the doctor before there can be a recovery.
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547 F.2d 112 Tenth Circuit December 30, 1976 No. 75-1717
Thus, a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eight Amendment.
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W.D. Oklahoma June 11, 2019 No. 5:18-cv-01240Not cited
In that case the Oklahoma Supreme Court stated: It has long been the rule in Oklahoma that an original wrongdoer, negligently causing injury to another is liable for the negligence of a physician who treats the injured person
Plaintiffs argue this case establishes that any negligence by Kaitie’s treating physicians cannot, as a matter of law, be a supervening cause.
According to Defendants, in Carmichael the Oklahoma Supreme Court noted an exception to the general rule is that an original tortfeasor, negligently causing injury to a third person, is liable for the negligence of a physician who
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508 F. App'x 711 Tenth Circuit January 23, 2013 No. 12-1336Cited by 13 Unpublished
Moreover, “a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.” Estelle v.
Saiz, 427 F.3d 745, 751 (10th Cir.2005) (“[T]he medical judgment of the physician, even if grossly negligent, is not subject to second-guessing in the guise of an Eighth Amendment claim.”).
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716 F. Supp. 1378 D. Kansas June 30, 1989 No. 87-2191-S
In a medical malpractice action, the plaintiff is required to prove three elements by a preponderance of the evidence: (1) the physician was negligent in treating the plaintiff; (2) the physician’s negligence caused harm to the plaintiff
The court finds that there is a causal relationship between the negligence of the doctors at Irwin Army Hospital and the three year delay in treatment (by mastectomy and Tamoxifen therapy) experienced by Mrs. Borgren. 9.
Borgren’s family physician, Dr. Jacoby. Defendant contended that Dr. Jacoby was negligent in allegedly recommending against the six month follow up mammogram in 1980.
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557 F.2d 735 Tenth Circuit June 24, 1977 No. 75-1937
He did not engage in planning or policy-making, but merely attempted to carry out the ministerial duty of caring for plaintiff in a reasonable manner as he was obliged to do as an air force physician.
No further leeway is required for the publicly employed doctor or the public hospital than for their private counterparts.
In this case, however, the burden to effective government does not outweigh the dangers to individual citizens of being severely or permanently injured or maimed by negligent military physicians.
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103 F.2d 28 Tenth Circuit February 14, 1939 No. 1730
negligence of Doctor Bass, and that if it happened as contended by the plaintiff it was the result of the sole negligence of Detamore, and that the speed at which Doctor Bass was driving could not be a contributing cause to the accident
In her third and fourth defenses, which were identical, she pleaded contributory negligence upon the part óf Doctor Bass.
There is evidence not only that Detamore was negligent but also that Doctor Bass was negligent.
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558 F. Supp. 1334 D. Colorado March 17, 1983 No. 82-K-55
Kiracoff, 545 F.Supp. 465, 467-68 (1982) and held: “While a doctor’s negligence is not generally imputable to the hospital, where the hospital itself acted negligently, either by negligently employing and retaining incompetent
physicians or by failing to perform some other necessary cautionary measure, an action for negligence may be maintained against it.
In the present action, plaintiffs allege in the fourth claim for relief that the hospital was negligent in permitting these doctors to practice in its emergency room.
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502 F.2d 1363 Tenth Circuit September 26, 1974 No. 74-1023
Brown, 348 U.S. 110 , 75 S.Ct. 141 , 99 L.Ed. 139 (1954), a serviceman sustained a knee injury while on active duty and Veterans Administration doctors negligently operated on the knee seven years after his discharge.
United States, 446 F.2d 774 (3rd Cir. 1971), cert. den’d, 404 U.S. 1016 , 92 S.Ct. 676 , 30 L.Ed.2d 664 , Army doctor negligently misread a serviceman’s X-ray and failed to advise him of a tubercular condition which subsequently became
United States, 421 F.2d 170 (5th Cir. 1969), sailor on liberty struck by automobile and taken to military hospital where he died due to alleged negligence of military doctors; Chambers v.
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820 F. Supp. 542 D. Colorado May 10, 1993 No. 91 N 341
It was defendant’s theory that her failure to follow the regimen prescribed by her doctors constituted negligence which contributed, in large part, to ány damage which she sustained.
Each of these cases was an action against a hospital and/or doctor, alleging that defendants were negligent in providing care and treatment to plaintiffs decedent.
Nelson, 311 Minn. 92 , 247 N.W.2d 409, 415 (1976) (“availability of a contributory negligence defense in a malpractice case is limited because of the disparity in medical knowledge between the patient and his doctor and because of
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395 F.2d 537 Tenth Circuit February 21, 1968 No. 9541
The record discloses that the gravamen of the parents' action consists of alleged negligent and careless acts of a practicing physician and, in substance, is an action for malpractice.
acts of the physician.
acts of the doctor before there can be a recovery.
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986 F.2d 387 Tenth Circuit February 18, 1993 No. 91-3358
He alleged a physician acted negligently in failing to properly read an x-ray and detect lung cancer at an early stage.
United States, 716 F.Supp. 1378, 1382 (D.Kan. 1989), claimed her physicians negligently *391 failed to diagnose the likelihood of breast cancer and to recommend a biopsy.
WHETHER 42 U.S.C. § 1395dd CREATES A PRIVATE CAUSE OF ACTION AGAINST A PHYSICIAN Section 1395dd(d)(1) provides for civil penalties for hospitals and physicians that negligently violate the requirements of the Act.
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698 F.2d 420 Tenth Circuit January 25, 1983 No. 81-1398
In applying the balancing test, the court said, Id. at 739: “... the burden to effective government does not outweigh the dangers to individual citizens of being severely or permanently injured or maimed by negligent military physicians
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