Partners Robert M. Schartz and Julie R. Lehan successfully defended a verdict in an appeal of a verdict Mr. Schartz obtained for an Omaha Hospital following an 8-day medical malpractice jury trial.
The patient experienced post-surgical complications following a lobectomy. The complaint alleged that the surgeon did not follow the standard of care during and after the initial surgery. Plaintiff also alleged that the Omaha Hospital did not follow the standard of care after the initial surgery, seeking a minimum of $1.3 million in damages for economic loss, and additional claims for damages of an unspecified amount in the millions. The jury found in favor of both the surgeon and the Hospital in the District Court of Douglas County. Plaintiff filed an appeal with the Nebraska Court of Appeals claiming error in jury instruction. After briefing and oral arguments from the expert appellate team of Abrahams Kaslow & Cassman, the Court of Appeals confirmed the jury verdict.