Hicks v. ZondagAnnotate this Case
Johanna Hicks died from an accidental overdose of her medications. Hicks’ estate filed suit against the doctor who treated Hicks for severe chronic pain for negligently causing Hicks’ death and filed suit against the doctor’s employer, claiming it should be held vicariously liable for the doctor’s negligence. A jury found that the doctor was not negligent in his treatment of Johanna and returned a defense verdict. On appeal, the estate argued that the district court erred by permitting the doctor and his codefendant to introduce the testimony of two expert witnesses on the doctor’s adherence to the appropriate standard of care for practitioners of pain medicine. The Supreme Court affirmed, holding that the estate failed to preserve for appellate review the issue regarding the admissibility of the testimony of the two standard of care experts.