Wagner v. Pope

Grant, J., Retired.

Betty L. Wagner, plaintiff, filed this medical malpractice action against Douglas R. Pope, M.D., defendant, for the alleged negligence of defendant in failing to undertake appropriate procedures for diagnosis of plaintiff’s appendicitis condition. The trial court sustained defendant’s motion for summary judgment and dismissed plaintiff’s action.

Plaintiff appealed to the Nebraska Court of Appeals, contending, in summary, that the trial court erred in entering summary judgment for defendant based on the court’s conclusion that defendant’s own affidavit as a medical doctor and…