A-16-1089, Fernando Hernandez, an individual (Appellant) v. Claudia L. Barthold, M.D., an individual
District Court for Douglas County, District Judge Horacio Wheelock
Attorney for Appellant: Steven H. Howard (Dowd Howard Law Firm)
Attorneys for Appellee: Joseph s. Daly & Mary Monica Schott (Sodoro Daly Law Firm)
Civil Action: Claim for medical malpractice
Action taken by the Trial Court: The jury found in favor of Barthold. The trial court accepted the verdict and entered judgment accordingly. The court subsequently denied Hernandez’ motion for new trial.
Assignments of Error on Appeal, Consolidated and Restated: Did the trial court err in failing to give Hernandez’ requested jury instructions on statement of the case, apportionment of damages due to preexisting conditions, and concurrent causes? Did the trial court err in not allowing Hernandez to question Barthold about what care she would have provided had she timely received a staff radiologist’s interpretation of Hernandez’ CT scan?