Legal Opinion

DeMoss v. Hamilton

Supreme Court of Iowa

Decided May 8, 2002No. 99-1887PublishedCited by 20 opinions

1Opinion of the Court

NEUMAN, Justice.

Plaintiff Lorraine DeMoss’s husband died of a heart attack several hours after he was examined and treated by defendant Raymond Hamilton, D.O., at the Jackson County Public Hospital in Maquoketa. DeMoss sued Hamilton and his medical group, Medical Associates of Maquoketa, P.C., for malpractice. On this appeal following the jury’s verdict for the defendants, DeMoss alleges trial court eviden-tiary and instructional error warranting a new trial. At issue are questions concerning when, if ever, a patient’s fault may be considered by the jury and compared with the alleged fault of…

2Cases cited13 opinions

  1. Jensen v. Archbishop Bergan Mercy HospitalNebraska Supreme Court · 1990
  2. Matthews v. WillifordDistrict Court of Appeal of Florida · 1975
  3. Martin v. ReedCourt of Appeals of Georgia · 1991
  4. Fritts v. McKinneCourt of Civil Appeals of Oklahoma · 1996
  5. Greenwood v. MitchellSupreme Court of Iowa · 2001

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3Cited by20 opinions

  1. Todd A. Mulhern, Individually and as Representative of the Estate of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Center and/or Mercy Hospital and/or Mercy Psychiatric ServicesSupreme Court of Iowa · 2011
  2. Krklus v. StanleyAppellate Court of Illinois · 2005
  3. Mohammed v. OtoadeseSupreme Court of Iowa · 2007
  4. Wolbers v. the Finley Hosp.Supreme Court of Iowa · 2003
  5. Harb v. City of BakersfieldCalifornia Court of Appeal · 2015

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