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WILLIS v. BENDER

No. 07-8057.

596 F.3d 1244 (2010)

Marcy WILLIS, Plaintiff-Appellant, v. D. Scott BENDER, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 3, 2010.

Attorney(s) appearing for the Case

Donald J. Sullivan, Sullivan Law Offices, P.C., Cheyenne, WY, for Plaintiff/Appellant.

James Kaste of Lathrop & Rutledge, P.C. (Corinne E. Rutledge with him on the briefs), Cheyenne, WY, for Defendant/Appellee.

Before O'BRIEN, McKAY, and SEYMOUR, Circuit Judges.

O'BRIEN, Circuit Judge.

Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis' small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of informed consent and medical malpractice. The district court granted summary judgment to Bender on the informed consent claim. The medical malpractice claim proceeded to a jury trial. Willis requested a "captain of the ship...

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