S-21-0873 Brad Carson and Jamie Carson, individually and Next Friends to, Boston Carson (Appellants) v. Rebecca Steinke, M.D, and Douglas Boon, M.D. (Appellees)
Appeal from the District Court for Hall County District Court, Judge Mark J. Young
Attorneys: Diana J. Vogt and James L. Schneider (Sherrets Bruno & Vogt for Appellants) and Sarah Centineo (Centineo Law for Appellants), James A. Snowden and Kathryn J. Van Balen (Wolf, Snowden, Hurd, Ahl, Sitzmann, Tannehill, and Hahn for Appellee Rebecca Steinke, M.D.), and Mark A. Christensen, Travis W. Tettenborn, Isaiah J. Frohling (Cline Williams Wright Johnson & Oldfather for Appellee Douglas Boon, M.D.)
Civil: Medical Malpractice and Locality Rule
Proceedings Below: Appellees motioned for a Directed Verdict, which the trial court sustained. Appellants filed a Petition to ByPass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and transferred this case to its docket.
Issues: On appeal, Appellant makes the following assignments of error: 1) The trial court failed to allow a qualified expert to testify to the standard of care for pediatricians in Grand Island, Nebraska and Dr. Boon’s failure to meet that standard; 2) The trial court failed to recognize that Neb. Rev. Stat. § 44-2810 allows experts to testify to the standard of care for physicians in “similar” localities; 3) The trial court failed to credit expert testimony in the record that the standard of care for board-certified pediatricians is a national standard; 4) The trial court improperly presumed that the standard of care for pediatricians in Grand Island, Nebraska is different from the national standard; 5) The trial court erred in granting a directed verdict for Dr. Boon; 6) The trial court erred in granting a directed verdict for Dr. Steinke; 7) The trial court erred in barring testimony that Boston Carson’s injuries were “consistent with” injuries caused by a lack of oxygen during birth; and 8) The trial court erred in denying Appellant’s Motion for a new trial.