Zainab Abbas, M.D. v. Hetep Bilal Neter-Nu

Summary

The court affirmed the jury’s medical-malpractice verdict and damages award but held that the trial court should have granted Methodist partial judgment on the evidence because the plaintiff presented no expert testimony supporting Methodist’s direct liability or vicarious liability for agents other than the named nurse and physician. The court also upheld the challenged jury instructions and evidentiary rulings, concluding that the causation and reasonable-care instructions adequately covered the proposed instructions and that the excluded records and email were properly excluded or harmlessly omitted. The court reversed and remanded for entry of Methodist’s Rule 50(A) judgment and recalculation of prejudgment interest based on the Providers’ statutory liability.