Schriever v. Maddox

Miller, Judge.

Janice Maddox sued Dr. Paul Richard Schriever and (under respondeat superior) his employer for medical malpractice arising out of Schriever’s failure to diagnose Maddox’s ruptured biceps tendon or to refer Maddox to a specialist. A jury awarded Maddox $533,000, and- Schriever and his employer appeal. They argue that the trial court erred in instructing the jury on lost wages as an ele ment of damages, when in fact Maddox expressly disclaimed any desire to seek lost wages and accordingly had presented no evidence thereon. We agree with Schriever that this jury instruction was…