Summary
This Nebraska Supreme Court opinion addresses a medical malpractice claim where a psychiatric patient alleged that her physician failed to properly evaluate and treat her after she reported a sexual assault by a hospital employee. The court reversed the trial court's denial of the physician's motion for a directed verdict, holding that the plaintiff failed to present competent expert testimony establishing that the physician's alleged negligence was a proximate cause of her subjective injuries. The decision emphasizes that subjective psychological damages require expert medical testimony to prove causation beyond mere possibility or speculation.
Topics
Practice areas
Questions Presented
- Whether the district court erred in denying Zedek's motion for summary judgment.
- Whether the district court erred in denying Zedek's motion for a directed verdict on the issue of proximate cause.
Holdings
- The denial of a motion for summary judgment is an interlocutory order and is not appealable; therefore the court will not consider the issue.
- The directed verdict was proper because Doe failed to prove, by competent expert testimony, that Zedek's negligence was a proximate cause of her mental suffering; the judgment of the district court is reversed and the case remanded with directions to dismiss.
Key quotations
“The law is clear. We need not consider the trial court's denial of appellant's motion for summary judgment.” (891)
“We find the record void of any expert testimony indicating that Zedek's negligence was a proximate cause of Doe's injuries or a proximately contributing cause.” (894)
Factual background
Doe, a mildly retarded 52‑year‑old woman, was sexually assaulted while a patient at Great Plains Regional Medical Center. She informed Dr. Zedek of the assault; Zedek did not believe her and provided no psychiatric treatment. Doe later sued Zedek for professional negligence, alleging mental suffering caused by Zedek's failure to evaluate and treat her after the assault.
Procedural history
The district court denied Zedek's motions for summary judgment, directed verdict, judgment notwithstanding the verdict, and new trial. A jury returned a $100,000 verdict for Doe. Zedek appealed.
Remand instructions
Dismiss the case.