Legal Opinion

Elliot Kaplan v. Mayo Clinic

Court of Appeals for the Eighth Circuit

Decided February 13, 2017No. 15-2855PublishedCited by 13 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Elliot and Jeanne Kaplan sued Dr. David Nagomey, Dr. Lawrence Burgart, and Mayo Clinic and its affiliates (“Mayo”) for medical malpractice, breach of contract, lack of informed consent, and loss of consortium following a surgical procedure performed on Elliot after a misdiagnosis. The district court 1 dismissed all claims against Dr. Nagorney, the surgeon who performed the medical procedure, because the Kaplans failed to produce expert testimony by the scheduled deadline. The case proceeded to trial against Mayo and Dr. Burgart on the breach-of-contract and malpractice…

2Cases cited8 opinions

  1. In Re: Papio Keno Club, Inc., Debtor. Papio Keno Club, Inc. v. City of PapillionCourt of Appeals for the Eighth Circuit · 2001
  2. Larry T. Tadlock, Appellee/cross-Appellant v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2002
  3. United States v. CastellanosCourt of Appeals for the Eighth Circuit · 2010
  4. Urban Hotel Development Co. v. President Development Group, L.C.Court of Appeals for the Eighth Circuit · 2008
  5. Story v. NorwoodCourt of Appeals for the Eighth Circuit · 2011

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

3Cited by13 opinions

  1. Abdulhakim Muhammad v. Joshua MayfieldCourt of Appeals for the Eighth Circuit · 2019
  2. Cedar Rapids Bank & Trust Co. v. Mako One CorporationCourt of Appeals for the Eighth Circuit · 2019
  3. Eric Hayes v. Metro Property & CasualtyCourt of Appeals for the Eighth Circuit · 2018
  4. Rachel Howard v. United StatesCourt of Appeals for the Eighth Circuit · 2020
  5. Stephen Grant v. Steven ZornCourt of Appeals for the Eighth Circuit · 2024

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

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