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Shane Dziura v. Thomas D'Aprix, Md et al.
Supreme Court accepted cases list
Issues on Appeal
The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues i n a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).
Whether the trial court erred in concluding that the amended complaint failed to plead sufficient allegations of bad faith or other grounds exempting the medical defendants from RSA 169-C:31 immunity, where the plaintiff alleged that other specialists determined that the initial report falsely stated that there were skull fractures; one expert found that there were no fractures and no abuse; the defendants were informed of those findings; and the defendants nevertheless failed to correct their prior conclusions while those conclusions continued to be relied upon in prior criminal proceedings against the plaintiff.