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MARTINDALE v. INDIANA UNIV. HEALTH BLOOMINGTON

No. 21-3015.

39 F.4th 416 (2022)

Kenneth MARTINDALE, Individually and as Personal Representative of the Estate of Jody Martindale, Deceased, Plaintiff-Appellant, v. INDIANA UNIVERSITY HEALTH BLOOMINGTON, INC., d/b/a IU Health Bloomington Hospital, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 2022.

Attorney(s) appearing for the Case

Gerald W. Mayer , Attorney, Indianapolis, IN, Fred Schultz , Attorney, Greene & Schultz, Bloomington, IN, for Plaintiff-Appellant.

James L. Whitlatch , Kathryn E. DeWeese , Attorneys, Bunger & Robertson, Bloomington, IN, for Defendant-Appellee.

Before Flaum, Easterbrook, and Scudder, Circuit Judges.

Early one morning in January 2017, Jody Martindale arrived at the emergency room at Indiana University Health Bloomington Hospital with severe abdominal pain. IUHB doctors promptly determined she needed emergency surgery to remove a dying portion of her intestine. But because they believed (incorrectly, it would turn out...

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