No. 12-3129.

725 F.3d 1262 (2013)

Carmen TALAVERA, by and through her next friend, Jacob Prado GONZALEZ, Consul of Mexico, Plaintiff-Appellant, v. James WILEY, D.O.; Nurse Hochu, (or Nurse Jane Doe); Kathryn A. Phyfer, M.D.; Robert F. McIntyre, M.D.; Lyonel Benoit-Rock, M.D.; Assadollah Zainali, M.D.; A. Zainali, M.D. Radiology, P.A., John and/or Jane Doe(s), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 7, 2013.

Attorney(s) appearing for the Case

Kathleen M. Hagen , Watson & Dameron, LLP, Kansas City, MO, for Appellant.

Lisa A. McPherson ( Marcia A. Wood with her on the brief) Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., Wichita, KS, for Appellee James Wiley, and Adam S. Davis (Mark K. Erickson with him on the brief), Wagstaff and Cartmell, LLP, Kansas City, MO, for Appellee Kathryn A. Phyfer, M.D. (Matthew P. Sorochty and Anthony M. Singer, Woodard, Hernandez, Roth & Day, LLC, Wichita, KS, on the brief for Appellee Lyonel Benoit-Rock, M.D.; Randall H. Elam, Law Offices of Randall H. Elam, Wichita, KS, on the brief for Appellee Robert F. McIntyre, M.D.; Shannon L. Holmberg and Michael R. O'Neal, Gilliland & Hayes, P.A., Hutchinson, KS, on the brief for Appellee Assadollah Zainali, M.D. and A. Zainali, Radiology, P.A.) for Appellees.

Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

TYMKOVICH, Circuit Judge.

Carmen Talavera suffered a stroke while visiting a store in November 2007 and incurred permanent disabilities that she attributes to the medical malpractice of personnel at the Southwest Medical Center (SWMC), where she was taken after her stroke. Talavera brought claims against a number of these medical personnel defendants under 28 U.S.C. § 1332, alleging that they should have diagnosed and...

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