GIRALDI BY AND THROUGH GIRALDI v. Morrell

Opinion by

Judge RULAND.

Plaintiff, Lyndsay Giraldi, appeals from the district court judgment confirming the arbitrator’s award in favor of defendant, Don L. Morrell, M.D. We affirm.

Plaintiff, a child, brought this medical malpractice action against defendant, her pediatrician. She alleged that defendant was negligent in failing to diagnose her hearing loss or to refer her to another physician for testing and diagnosis. As a result, she claimed that an avoidable condition developed involving discharge of fluids from her ears that caused a permanent hearing loss.

After discovery in the litigation…