DOWNING v. GROSSMANN

No. 20-1124.

973 N.W.2d 512 (2022)

Elizabeth DOWNING and Marcella Berry, as Co-Administrators of the Estate of Linda Berry, Appellants, v. Paul GROSSMANN, and Catholic Health Initiatives Iowa, Corp. d/b/a Mercy Medical Center, Mercy Medical Center West Lakes, and Mercy Surgical Affiliates, Appellees.

Supreme Court of Iowa.

Filed April 22, 2022.

Rehearing Denied May 18, 2022.


Attorney(s) appearing for the Case

Steve Hamilton (argued) and Molly M. Hamilton of Hamilton Law Firm, P.C., Clive, for appellants.

Joseph F. Moser (argued) and Stacie M. Codr of The Finley Law Firm, P.C., Des Moines, for appellees.


A benign cyst on Linda Berry's right kidney was first detected on a computerized tomography (CT) scan taken at Mercy Medical Center1 in 2004. Ms. Berry visited Mercy over the next several years for a variety of reasons, and the cyst was noted as an incidental finding on subsequent CT scans, including...

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