Bogue v. University of Nebraska Medical Center

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Bogue v. University of Nebraska Medical Center

Case Number
Call Date
February 2, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0610 Lori J. Bogue and Robert F. Bogue (Appellants) v. Nebraska Medicine, the Nebraska Medical Center, and Christopher C. Gillis (Appellees)

Douglas County District Court, Judge Duane C. Dougherty

Attorneys: Gerald L. Friedrichsen & Robert T. Cannella (Fitzgerald, Schorr, Barmettler &

Brennan, P.C., L.L.O.) (Appellants) --- David A. Blagg & Brien M. Welch (Cassem, Tierney, Adams, Gotch & Douglas) (Appellees)

Civil: Medical malpractice; summary judgment

Proceedings below: The district court granted Appellees’ motion for summary judgment and dismissed the action.  Appellants filed a motion to bypass the Court of Appeals, which was granted by the Nebraska Supreme Court.

Issues: Whether the district court erred (1) by finding Dr. Gillis was entitled to summary judgment based on the statute of limitations and in dismissing the action against him, (2) by engaging in fact finding on a motion for summary judgment and then finding as a fact that “[t]he treatment rendered [by Dr. Gillis] on the 18th day of January, 2018 to Mrs. Bogue was not treatment relating to the cutting of the ureter during [the lumbar fusion] surgery” he performed on January 1, 2017, despite contrary expert testimony by affidavit that “all of Dr. Gillis’ treatment after [the lumbar fusion] surgery was related to the surgical negligence” (bracketed material inserted), (3) by finding that “There is are [sic] no allegations within the Appellants’ Third Amended Complaint nor have the Appellants offered any evidence alleging that Dr. Gillis … in any way provided negligent treatment to . . . ” Mrs. Bogue, and (4) in failing to find that the continuing treatment doctrine rendered the Appellants’ action timely.

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