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After a jury returned a verdict for the Estate, Defendants field a motion for new trial. The action was brought against the doctor, and the nursing home and several employees after resident suffered anoxic brain injury when she dislodged her tracheostomy tube. Prior to trial all parties except the doctor settled and the trial proceeded against the doctor alone. Among other matters, Plaintiffs' expert testified that "[i]t is the responsibility of the attending physician to coordinate the patient's care through counseling the nurses, issuing orders to the support staff and requesting consultations from appropriate specialists." As a result of the testimony elicited on cross examination, the court concluded that it was error in failing to place some or all of the settling defendants' names on the verdict sheet and that the error could have affected the outcome of the case. New trial was granted. Decided: March 15, 2007.
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