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NIGHTENGALE v. TIMMEL

No. 37226.

256 P.3d 755 (2011)

Janet Bell NIGHTENGALE, Plaintiff-Appellant, v. Kevin Matthew TIMMEL, M.D., Defendant-Respondent.

Supreme Court of Idaho, Boise, June 2011 Term.

July 11, 2011.

Attorney(s) appearing for the Case

Dinius & Associates, PLLC, Nampa, for appellant. Michael J. Hanby argued.

Powers Tolman, PLLC, Twin Falls, for respondent. Jennifer Brizee argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Janet Bell Nightengale brought a medical malpractice action against Dr. Kevin Timmel, an emergency room doctor who treated her in July 2007. Dr. Timmel failed to diagnose a clot in one of Nightengale's vascular arteries. That condition cut off circulation to Nightengale's left arm, eventually requiring its amputation above the elbow. At trial, the jury returned a special verdict finding that Dr. Timmel had not breached...

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