Hernandez v. Schittek

Following a jury verdict in favor of Anton Schittek, M.D., in this medical malpractice case, and the trial court’s denial of her posttrial motion, Irene Hernandez appeals. We reverse and remand.

This case began when Hernandez’s primary care physician, Dr. Evelyn Yu, found a lump in her left breast. Dr. Yu ordered a mammogram, which confirmed the presence of the lump and fixed its location in the upper, outer quadrant of the breast. The radiology report indicated that the lump was highly suspicious, requiring “excisional biopsy.” Dr. Yu then referred Hernandez to a general surgeon, Dr. Schittek.