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Keywords

negligencetrialverdictmalpracticecontributory negligence
negligencetrialverdictmalpracticecontributory negligence

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Jensen v. Archbishop Bergan Mercy Hosp., 236 Neb. 1, 459 N.W.2d 178

Facts

Lawrence Jensen was treated at Archbishop Bergan Mercy Hospital for various medical issues, including a pulmonary embolism. Despite being advised by his physician to lose weight, Jensen's weight continued to increase, which was acknowledged as a risk factor for his condition. After a series of treatments and hospital admissions, Jensen died from cardiac arrest due to pulmonary embolism. His estate filed a malpractice action against the hospital, alleging negligence in monitoring and treating him.

Lawrence Jensen was treated at Archbishop Bergan Mercy Hospital for various medical issues, including a pulmonary embolism.

Issue

Did the trial court err in submitting the issue of contributory negligence to the jury when there was insufficient evidence to support such a claim?

Did the trial court err in submitting the issue of contributory negligence to the jury when there was insufficient evidence to support such a claim?

Rule

In a medical malpractice action, contributory negligence is applicable only if the patient's negligence was an active and efficient contributing cause of the injury and must have cooperated with the negligence of the malpractitioner.

In a medical malpractice action, contributory negligence is applicable only if the patient's negligence was an active and efficient contributing cause of the injury and must have cooperated with the negligence of the malpractitioner.

Analysis

The court analyzed whether Lawrence Jensen's failure to lose weight constituted contributory negligence. It concluded that while his weight may have been a factor in his pulmonary embolism, it did not serve as a proximate cause of the alleged malpractice. The court emphasized that the patient's conduct prior to treatment could not be used as a defense in a malpractice claim when the treatment itself was the focus of the claim.

The court analyzed whether Lawrence Jensen's failure to lose weight constituted contributory negligence. It concluded that while his weight may have been a factor in his pulmonary embolism, it did not serve as a proximate cause of the alleged malpractice.

Conclusion

The court reversed the district court's judgment and remanded the case for a new trial, finding that the issue of contributory negligence should not have been submitted to the jury.

The court reversed the district court's judgment and remanded the case for a new trial, finding that the issue of contributory negligence should not have been submitted to the jury.

Who won?

The prevailing party was the hospital, as the jury initially returned a verdict in its favor.

The prevailing party was the hospital, as the jury initially returned a verdict in its favor.

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