Rodriguez v. Surgical Associates, P.C.

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Rodriguez v. Surgical Associates, P.C.

Case Number
S-16-0698
Call Date
October 6, 2017
Case Time
9:00 AM
Court Number
Lancaster
Case Location
Lincoln
Case Summary

S-16-0698 Francisca Rodriguez (Appellant) v. Surgical Associates, P.C., A Professional Corporation, and Greg Fitzke, M.D., an individual

Lancaster County District Court, Judge Lori A. Maret

Attorneys: Stevan H. Howard (Dowd Howard & Corrigan, L.L.C.) (Appellant) --- James A. Snowden & Elizabeth Ryan Cano (Wolfe, Snowden, Hurd, Luers & Ahl, LLP)

Civil: Medical malpractice

Proceedings below: Following a jury trial, a verdict was entered in favor of Appellees.

Issues: The district court erred in 1) failing to give Appellant’s requested jury instruction regarding aggravation of her pre-existing condition, 2) failing to give Appellant’s requested jury instruction regarding the liability of Dr. Fitzke for the negligence of his surgical team, 3) allowing Dr. Taddeucci, a treating physician designated as an expert witness by Appellant, to give expert testimony on issues not previously disclosed, and 4) permitting Dr. Fitzke to quote non-expert and non-testifying treating physicians as to the standard of care with regard to postoperative treatment of Appellant.

 

Schedule Code
SC