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JERDEN v. AMSTUTZ

No. 04-35889.

430 F.3d 1231 (2005)

Daniel JERDEN; Catrina Jerden, Plaintiffs-Appellants, v. Paul G. AMSTUTZ, M.D., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2005.

Attorney(s) appearing for the Case

Megan B. Annand, Law Office of Megan B. Annand, Medford, OR, for the plaintiffs-appellants.

Robert L. Cowling (argued) and Benjamin M. Bloom, Cowling, Heysell, Plouse, Ingalls & Moore, Medford, OR, for the defendant-appellee.

Before: FISHER, GOULD, and BEA, Circuit Judges.

GOULD, Circuit Judge:

In this diversity case, Plaintiffs-Appellants Mr. Daniel and Ms. Catrina Jerden ("Plaintiffs") brought a claim of medical negligence against Defendant-Appellee Dr. Paul G. Amstutz ("Defendant") after Defendant, a neurosurgeon, mistakenly diagnosed Mr. Jerden as having a brain tumor based partly on Defendant's interpretation of magnetic resonance imaging (MRI) reports. Defendant conducted invasive and unwarranted brain surgery on Mr. Jerden before...

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