Verdicts

Because the defendant doctor judicially admitted both negligence and causation, it was not reversible error for the court to admit the testimony of an expert who might not be qualified to testify, as such testimony was merely cumulative. Medina v. Hart, '- S.W.3d ”, 2007 WL 1933041 (Tex.App.-Corpus Christi) (7/5/07).

Plaintiff patient sued Marelyn Medina, MD, for injuries he sustained during surgery to remove a kidney stone. Prior to the surgery, plaintiff was positioned on the operating table so that the doctor could access the left kidney. Dr. Medina testified that she supervised the placement of an IV bag under plaintiff's arm as a cushioning device, to prevent nerve damage to his shoulder and arm. Although Dr. Medina testified that she often used IV bags for this purpose, the parties disputed whether this was a proper use. Dr. Medina performed the surgery, but was unable to remove the kidney stone. After surgery, it was discovered that plaintiff had second- and third-degree burns under his arm because the IV bag that was placed there was hot. Plaintiff has lost feeling in that area, is unable to sweat, and suffered other complications from the burns.