Legal Opinion

Smith v. Koslow

Supreme Court of Iowa

Decided November 21, 2008No. 06-0655PublishedCited by 14 opinions

1Opinion of the Court

CADY, Justice.

In this appeal, we must decide if a district court committed error by instructing a jury in a medical malpractice action that the mere fact of an injury does not mean the doctor was negligent. We conclude the district court did not commit error. We vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Background Facts and Proceedings.

Donald Smith tragically died during surgery to repair an abdominal aortic aneurism and an iliac artery aneurism.1 He was seventy-two years of age and was a successful businessman. He lived in *679Blakesburg and was…

2Cases cited17 opinions

  1. State v. PiperSupreme Court of Iowa · 2003
  2. Summy v. City of Des MoinesSupreme Court of Iowa · 2006
  3. Anderson v. StateSupreme Court of Iowa · 2005
  4. Jones v. PorrettaMichigan Supreme Court · 1987
  5. Watson v. HockettWashington Supreme Court · 1986

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3Cited by14 opinions

  1. Brenda J. Alcala v. Marriott International, Inc. and Courtyard Management Corporation D/B/A Quad Cities Courtyard by MarriottSupreme Court of Iowa · 2016
  2. 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
  3. State v. HuntCourt of Appeals of Iowa · 2011
  4. Crawford v. YottySupreme Court of Iowa · 2013
  5. McGraw v. Wachovia Securities, L.L.C. Ex Rel. A.G. Edwards, Inc.District Court, N.D. Iowa · 2010

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