Kohoutek v. Hafner

OPINION

NIERENGARTEN, Judge.

This appeal is from an order denying' a motion for judgment notwithstanding the verdict, or for a new trial, in a medical malpractice action. Appellants Barbara and Kevin Kohoutek claimed battery, negligent nondisclosure and negligent treatment by respondent doctors and hospital as a result of brain damage sustained by their child, Nathan Kohoutek, in delivery. Battery was not submitted and the jury rejected both negligence claims. We reverse on the battery and negligent nondisclosure claims, affirm the finding of no negligent treatment, and remand the remaining…