Hernandez v. Altenberg

OPINION

HARDBERGER, Justice.

This case explores the complexity of a medical malpractice cover-up and whether there is enough evidence of proximate cause to allow a case to go the jury for a factual determination. While it is a close question and excellently briefed, we hold, given the standard of review governing an instructed verdict, that there is sufficient evidence of negligence and proximate cause to defeat an instructed verdict. We reverse and remand.

The Facts

A metal guide wire, originally used to help guide a catheter, was accidently left in the heart of Mrs. Hernandez on May 6, 1990.…