Verdict for patient in malpractice case is again appealed by doctor's insurer
In Young v. Nandi, M.D., the family of Patricia Young obtained a verdict against her treater for negligence. The Court of Appeals reduced the verdict, back in 2005, because it deemed there was no proof of permanent brain damage while she was ventilated but prior to her death. The Defendant then secured a smaller judgment from the trial court in 2009, however, it appealed the court's application of the 2009 "cap" and the award of sanctions caused by the Defendant's rejection of the case evaluation award.
In its 2011 review of the Defendant's appeal, the Court of Appeals sent the case back again. While it upheld the award of sanctions, because the verdict awarded (before applying the cap) was greater than the case evaluation, it concluded that the "cap" as it existed at the time of the initial entry of judgment should control.