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SMITH v. BUBAK

No. 10-1587.

643 F.3d 1137 (2011)

Tami SMITH, as Personal Representative of the Estate of Velda Smith, deceased, Plaintiff-Appellant, v. Gary BUBAK, M.D.; Wagner Community Memorial Hospital, a South Dakota Corporation; Bubak Medical Clinic; Avera Health, a South Dakota Corporation; Avera Sacred Heart Hospital, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided Filed: June 24, 2011.

Attorney(s) appearing for the Case

G. Verne Goodsell , argued, Terence R. Quinn and David S. Barari , on the brief, Rapid City, SD, for appellant.

Mark William Haigh , argued, Edwin E. Evans and Shane E. Eden , on the brief, Sioux Falls, SD, for appellees Gary Bubak, M.D. and Bubak Medical Clinic.

Roger A. Sudbeck and William J. Gassen, III , on the brief, Sioux Falls , SD, for appellees Wagner Community Memorial Hospital, Avera Health and Avera Sacred Heart Hospital.

Before LOKEN, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Tami Smith, as a personal representative of the estate of Velda Smith, sued Dr. Bubak and the remaining Defendants (collectively referred to as "Dr. Bubak") for medical malpractice, claiming that Dr. Bubak negligently failed to transfer Velda Smith to a medical facility where she could have received tissue plasminogen activator ("tPA") to treat her stroke. To establish that Dr. Bubak's negligence proximately caused Velda Smith's injuries, Tami...

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