Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Kaplan v. Mayo Clinic

United States Court of Appeals for the Eighth Circuit
653 F.3d 720 (2011)


Elliot Kaplan (plaintiff) was taken from his home to a nearby hospital in Kansas City, Missouri, after complaining of severe abdominal pain. During the hospital visit, Kaplan’s long-time physician performed a CT scan on him which showed an enlarged pancreas. Kaplan was then referred to Mayo Clinic Rochester, Inc. (Mayo) (defendant) for further treatment. After consulting with two Mayo pathologists, Lawrence Burgart, M.D. and Thomas Smyrk, M.D., Mayo surgeon, David Nagorney, M.D. (defendant), recommended Kaplan undergo surgery to remove a portion of his pancreas and stomach believed to be cancerous. After the surgery, Mayo pathologists examined tissue taken from Kaplan’s pancreas and stomach and found no cancerous cells. Kaplan and his wife, Jeanne, (plaintiffs) filed suit against Mayo and the physicians for breach of contract and negligent failure to diagnose. The district court granted Nagorney’s motion for summary judgment and proceeded to trial on the other defendants. At the close of Kaplan’s case, the district court granted judgment as a matter of law (JAML) in favor of Mayo and Burgart on the breach of contract claim. Thereafter, a jury returned a verdict in favor of Mayo and Burgart on the negligent failure to diagnose claim. The Kaplans appealed.

Rule of Law


Holding and Reasoning (Arnold, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial