DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032554P.pdf 07/08/2004 Robert E. Mattke v. Mayo Clinic
U.S. Court of Appeals Case No: 03-2554
District of Minnesota
Civil case - Torts. In action for medical malpractice involving
misdiagnosis of a lung condition, the district court did not err in granting
defendant's motion for judgment as a matter of law on plaintiffs' res ipsa
loquitur claim after finding plaintiffs had failed to present evidence that
cellular floaters, which led to the error, generally do not occur absent
negligence; nor did the district court err in instructing the jury that
conduct of defendant's pathologists could not form the basis for a
determination that defendant was negligent, because no standard of care,
or a departure from such standard, had been established with respect to
the pathology department.
[PUBLISHED] [Colloton, Author, with Wollman and M. Arnold]