 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Roetenberger v. Christ Hospital9/30/2005
y. Pang v. Minch (1990), 53 Ohio St.3d 186, 559 N.E.2d 1313, paragraph two of the syllabus. The transcript indicates that the lawyers for the parties, as well as the court, were skilled and experienced in medical malpractice trials. In my opinion, reversal on the basis of counsel's closing remarks reflects an expression of doubt by the majority as to whether jurors are capable of sifting through the complexities of the evidence and applying the law as they are instructed.
{ } From the record in this appeal, I have no doubt that the jury's verdict was rendered upon the evidence and was not improperly influenced by defense counsel's remarks in closing argument.
{ } Finally, I am convinced that the trial court's instruction on alternative methods was proper. This case is factually distinguishable from Pesek, supra, in which it was undisputed that there was only one acceptable method of treatment. Dr. Saeed maintained that Karen Roetenberger's tragic death was caused by an air embolism, a complication of the ERCP surgery, but Roetenberger claimed that Dr. Saeed over-sedated her. Based on the testimony of two experts, Roetenberger suggested that Dr. Saeed's use of the sedative Demerol, as opposed to a different sedative, during ERCP was below the standard of care. Therefore, in my view, the jury was presented with evidence that there was more than one acceptable way to treat, and it was instructed accordingly. If, indeed, this instruction was given in error, the jury was not misled and any error was harmless.
{ } I would affirm the judgment of the trial court.
|