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SMITH v. KOSLOW

No. 06-0655.

757 N.W.2d 677 (2008)

Shirley A. SMITH, as Executor of the Estate of Donald E. Smith and Shirley A. Smith, Individually, Appellant, v. Alan R. KOSLOW and Iowa Heart Center, P.C., Appellees.

Supreme Court of Iowa.

November 21, 2008.

Attorney(s) appearing for the Case

Timothy Semelroth of Riccolo & Semelroth, P.C., Cedar Rapids, for appellant.

Robert D. Houghton, Nancy J. Penner, and Jennifer E. Rinden of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellees.

CADY, Justice.

In this appeal, we must decide if a district court committed error by instructing a jury in a medical malpractice action that the mere fact of an injury does not mean the doctor was negligent. We conclude the district court did not commit error. We vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Background Facts and Proceedings.

Donald Smith tragically died during surgery to repair an abdominal...

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