MEDVED v. GLENN

No. 20040492.

125 P.3d 913 (2005)

2005 UT 77

Jamie MEDVED, Plaintiff and Petitioner, v. C. Joseph GLENN, M.D., and Estate of Blayne L. Hirsche, M.D., Defendants and Respondents.

Supreme Court of Utah.

November 15, 2005.


Attorney(s) appearing for the Case

Michael F. Richman, Murray, for plaintiff.

Curtis J. Drake, Anne D. Armstrong, Salt Lake City, for defendant Glenn.

Dennis C. Ferguson, Salt Lake City, for defendant Estate of Blayne L. Hirsche.


On Certiorari to the Utah Court of Appeals

PARRISH, Justice:

INTRODUCTION

¶ 1 In this case, we are asked to determine whether plaintiff Jamie Medved may assert a cause of action for present and future damages resulting from the failure to diagnose her breast cancer, when the future damages are based on the mere possibility that her cancer will recur. The court of appeals held that Ms. Medved cannot file suit unless and until she has experienced...

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