Talavera v. Wiley, et al, No. 12-3129 (10th Cir. 2013)Annotate this Case
Plaintiff Carmen Talavera suffered a stroke while visiting a store, incurring permanent disabilities that she attributed to the medical malpractice of personnel at the Southwest Medical Center (SWMC). Plaintiff brought claims against a number of the medical personnel defendants alleging that they should have diagnosed and immediately treated her stroke symptoms with blood-clotting therapy or proceeded with early surgical intervention to prevent damage caused by swelling in her brain. The district court granted summary judgment finding Plaintiff failed to demonstrate their negligence caused her injuries. Upon review, the Tenth Circuit concluded the district court did not err. Plaintiff failed to: establish a dispute of fact that she would have qualified for blood-clotting therapy, or show that any doctor owed her a duty of care when this therapy was still a viable treatment option.