(DOWNLOAD) "Seale v. Gowans" by Supreme Court Of Utah " eBook PDF Kindle ePub Free
eBook details
- Title: Seale v. Gowans
- Author : Supreme Court Of Utah
- Release Date : January 02, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Plaintiff Beverley Seale appeals the trial court's denial of her motion for a judgment [923 P2d Page 1362] notwithstanding the verdict. 1 The trial court, upon findings made by a jury, held that the statute of limitations barred Ms. Seale from bringing a medical malpractice claim against defendants Donald F. Gowans, M.D., and Holy Cross Hospital, dba Holy Cross Breast Center and Holy Cross Breast Care Services, for Dr. Gowans' allegedly negligent failure to diagnose her breast cancer. Ms. Seale now contends that there was insufficient evidence to uphold the verdict. We agree. This case arose from Dr. Gowans' alleged failure to detect a mass in Ms. Seale's mammogram taken in August 1987 at Holy Cross Hospital. This mass was not discovered until May 1988, when Ms. Seale had another mammogram taken at the same hospital. Ms. Seale was then referred to Dr. Hugh Hogle, who performed a needle biopsy. The biopsy revealed that the mass was cancerous. When Dr. Hogle disclosed the results of the biopsy to Ms. Seale, he also showed her the mammogram taken in 1987 and pointed out to her that it contained the same, although smaller, mass found in the 1988 mammogram.
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