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Tenth Circuit Affirms Medical Malpractice Judgment

By September 12, 2013September 30th, 2019Client Results

Attorneys John Witten and Mary O’Connell obtained an order from the Tenth Circuit Court of Appeals affirming a $153,000 judgment on behalf of a client who was injured by a general surgeon’s failure to remove a cancerous thyroid tumor.  On appeal, the physician argued that three of the four factual contentions of negligence submitted in a jury instruction were unsupported by sufficient evidence.  Significantly, the physician neither objected to the use of a general verdict nor requested a special verdict.

In its published opinion, the Court definitively established the existence of a waiver rule in the Tenth Circuit.  In particular, the Court held that where an appellant fails to request a special verdict, it waives any claim of error based on a claim that one or more, but not all, factual contentions are unsupported by the evidence.

For more information, and to read the opinion, the link is below: