MONFORE v. PHILLIPS

No. 13-7075.

778 F.3d 849 (2015)

Austin MONFORE, individually and as surviving child of Sherman W. Shatwell, deceased, Plaintiff-Appellee, v. Kenneth Edward PHILLIPS, D.O.; Tahlequah Emergency Consultants, PLLC, Defendants-Appellants, and Judith Wolfstein, M.D.; Diagnostic Imaging Associates, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

February 10, 2015.


Attorney(s) appearing for the Case

Donald H. Ziegler, III , of Hudson, Potts & Bernstein, LLP, Monroe, LA ( Jay Adams of Hudson, Potts & Bernstein, LLP, Monroe, LA, and Bob L. Latham , S. Lance Freije , and Lindsey E. Albers of Latham, Wagner, Steele & Lehman, P.C., Tulsa, OK, with him on the briefs), for Defendants-Appellants.

Timothy A. Hootman of Houston, TX ( Glendell Nix of Nix Law Group, PLLC, Edmond, OK, with him on the brief), for Plaintiff-Appellee.

Before GORSUCH, MURPHY, and MORITZ, Circuit Judges.


Sherman Shatwell went to the hospital complaining of neck pain. Tests showed he probably had throat cancer. It was treatable but required immediate attention. Thanks to a variety of bureaucratic blunders the news never made it to him. Instead, Mr. Shatwell was sent home with a prescription for antibiotics. By the time he...

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