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WIPF v. KOWALSKI

No. 06-3844.

519 F.3d 380 (2008)

Nicki G. WIPF, Plaintiff-Appellant, v. Lisa KOWALSKI, M.D., and Marshall Clinic Effingham, S.C., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 2008.

Attorney(s) appearing for the Case

David Stevens (argued), Heller, Holmes & Associates, Mattoon, IL, for Plaintiff-Appellant.

Thomas B. Borton (argued), Livingston, Barger, Brandt & Schroeder, Champaign, IL, for Defendant-Appellee.

Before ROVNER, WOOD, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

While performing a laparoscopic cholecystectomy to remove Nicki Wipf's gallbladder, Dr. Lisa Kowalski accidentally cut Wipf's common bile duct. As a result, Wipf underwent various corrective procedures with painful side effects. Wipf filed a diversity suit against Dr. Kowalski and her employer, Marshall Clinic Effingham, S.C., for medical malpractice, and a jury found Dr. Kowalski had not breached the applicable standard of care. On appeal Wipf...

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