Rodriguez v. Surgical Associates P.C.Annotate this Case
The Supreme Court affirmed the order of the trial court entered on a general verdict for Defendants in this medical negligence claim, holding that there was no merit in Defendant’s claims on appeal.
Plaintiff sued Greg Fitzke, M.D. and Surgical Associates P.C. alleging that Fitzke was negligent in failing timely to diagnose and treat her, which resulted in her suffering additional injuries. The jury returned a general verdict for Defendants. The Supreme Court affirmed, holding (1) the trial court did not err in rejecting Defendant’s proposed jury instructions or jury instruction language; (2) the record on appeal was insufficient to review whether the trial court erred in permitting Defendants’ expert to answer certain questions; and (3) the trial court did not abuse its discretion by permitting Fitzke to quote a nonexpert and nontestifying treating physician regarding the standard of care for his postoperative treatment of Plaintiff.