Hoffart v. Hodge

Sievers, Judge.

This is the second appearance in this court of this medical malpractice action involving the diagnosis of breast cancer. In our earlier opinion, Hoffart v. Hodge, 5 Neb. App. 838, 567 N.W.2d 600 (1997), we reversed a jury verdict for the defendant, Dr. Dennis L. Hodge. Hodge had offered evidence to support his claim that his patient, C. Elizabeth Lemon, was contributorily negligent for failing to return for reexamination of her breast as he alleged to have instructed her. We reversed, because the evidence was such that the jury, absent guesswork, could not determine to what…