Bockweg v. Anderson

I agree with the majority that the denial of defendants’ motion for summary judgment based on res judicata is immediately appealable. However, I disagree with the majority’s conclusion that the doctrine of res judicata does not bar plaintiffs’ action in this case.

I believe that only one claim exists in this case for one course of medical treatment. This claim is based on a single core of operative facts and on two tightly intertwined theories of medical negligence: (1) negligence in the diagnosis and treatment of plaintiff Cynthia Bockweg’s pelvic infection, and (2) failure to monitor…