Oltmans Ex Rel. Oltmans v. Orthopaedic & Fracture Clinic, P.A.

ROGOSHESKE, Justice.

This is a medical malpractice action by plaintiffs Julie Bess Oltmans, a minor, and her father, John Oltmans, against defendants Orthopaedic and Fracture Clinic, P.A., and Dr. Donald C. Meredith for negligent failure to diagnose and treat an infection. Plaintiffs appeal from an order of the district court denying their motion for judgment notwithstanding the special jury verdict or for a new trial. Two issues are presented: (1) Were plaintiffs materially prejudiced by the admission of certain testimony despite the trial court’s ordering it stricken and instructing the jury…