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WEASEL v. ST. ALEXIUS MEDICAL CENTER

No. 99-3332.

230 F.3d 348 (2000)

Dale WEASEL, individually and as Guardian ad Litem for Mary Rose Kills Crow Weasel, a totally disabled person and their minor children In'yan Demetrice Weasel, Ira Weasel, and Cheyenne Weasel, and their emancipated children Jennifer Weasel, Waylon Weasel and Clyde Weasel, Appellants, v. ST. ALEXIUS MEDICAL CENTER, a non-profit, North Dakota corporation, and attending physician Jerry Obritsch, M.D., Facog, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 13, 2000.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Fintan L. Dooley, of Bismarck, North Dakota.

Counsel who presented argument on behalf of the appellee St. Alexis Medical Center was Daniel L. Hovland of Bismarck, North Dakota.

Counsel who presented argument on behalf of the appellee Dr. Jerry Obritsch was William A. Strutz of Bismarck, North Dakota. Also appearing on the brief was Robert J. Udland.

Before: HANSEN and HEANEY, Circuit Judges, and MILLS, District Judge.

MILLS, District Judge.

A medical malpractice case.

I. Background

On August 27, 1996, Mary Rose Kills Crow Weasel, the wife of Dale Weasel, gave birth to a child at St. Alexius Medical Center in Bismarck, North Dakota. Dr. Jerry Obritsch delivered the child by caesarian section. Mary Weasel, a member of the Standing Rock Sioux Indian Tribe, was diabetic and overweight at the time of delivery. She was approximately five feet tall, and had gained over...

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