Court asked to overturn $9 million malpractice award

Wednesday, June 11, 2003 | 9:48 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- An attorney for a Fallon doctor Tuesday asked the Nevada Supreme Court to overturn a $9 million medical malpractice judgment awarded a woman who will have to take intravenous nutrition for the rest of her life.

Daniel Polsenberg, a Las Vegas lawyer representing Dr. James Hockenberry, argued there was a lack of evidence at the trial to show that the care of Hockenberry was below the medical standard.

But Robert Perry, a Reno lawyer representing Rosetta Mullins-Sarver, said Hockenberry failed to properly diagnose the small bowel obstruction of the woman, 17 at the time, and that he was late in summoning a surgeon for help.

The court took the arguments under submission and will rule later.

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