Legal Opinion

Medved v. Glenn

Utah Supreme Court

Decided November 15, 2005No. 20040492PublishedCited by 7 opinions

1Opinion of the Court

PARRISH, Justice:

INTRODUCTION

¶ 1 In this case, we are asked to determine whether plaintiff Jamie Medved may assert a cause of action for present and future damages resulting from the failure to diagnose her breast cancer, when the future damages are based on the mere possibility that her cancer will recur. The court of appeals held that Ms. Medved cannot file suit unless and until she has experienced a recurrence of her cancer. We reverse.

BACKGROUND

¶ 2 In August 1997, Ms. Medved visited her gynecologist, Dr. C. Joseph Glenn, after discovering a lump in her right breast. Although Dr. Glenn…

2Cases cited11 opinions

  1. Malan v. LewisUtah Supreme Court · 1984
  2. Colbert v. Georgetown UniversityDistrict of Columbia Court of Appeals · 1994
  3. Foil v. BallingerUtah Supreme Court · 1979
  4. Russell Packard Development, Inc. v. CarsonUtah Supreme Court · 2005
  5. State v. DeanUtah Supreme Court · 2004

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3Cited by7 opinions

  1. Eleopulos v. McFarland and Hullinger, LLCCourt of Appeals of Utah · 2006
  2. Medel v. StateUtah Supreme Court · 2008
  3. Mallory v. Brigham Young UniversityUtah Supreme Court · 2014
  4. Nat'l Title Agency LLC v. JPMorgan Chase Bank NACourt of Appeals of Utah · 2018
  5. Call v. KeiterCourt of Appeals of Utah · 2010

2 more not listed; retrieve them via the Exa API.

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