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MARSINGILL v. O'MALLEY

No. S-11578.

128 P.3d 151 (2006)

Vicki MARSINGILL, Appellant, v. James O'MALLEY, M.D., Appellee.

Supreme Court of Alaska.

January 27, 2006.

Attorney(s) appearing for the Case

Robert H. Wagstaff, Law Offices of Robert H. Wagstaff, Anchorage, and Richard H. Friedman, Friedman Rubin & White, Anchorage, for Appellant.

Howard A. Lazar and Donna M. Meyers, Delaney, Wiles, Hayes, Gerety, Ellis & Young, Anchorage, for Appellee.

Before: BRYNER, Chief Justice, MATTHEWS, FABE, and CARPENETI, Justices.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Vicki Marsingill sued Dr. James O'Malley when, after failing to follow his recommendation to report to the emergency room, she suffered severe permanent injuries. At trial, she argued that had Dr. O'Malley adequately informed her of the risks of her condition, she would have heeded his advice and thereby avoided injury. A jury found in favor of Dr. O'Malley. Marsingill appeals, arguing that...

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