Parents of teen who died at hospital lose appeal

Friday, March 4, 2005 | 11:12 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday rejected the appeal of the parents of a 14-year old girl who died after being admitted to the emergency room at Sunrise Hospital and Medical Center in Las Vegas in November 1995.

The parents of Erika Lewis had sued the hospital and Dr. Marc O'Connor, a pediatric emergeny room physician, alleging medical malpractice, but the District Court jury's verdict went against the parents, 5-3.

The teen, who suffered from lupus, was not feeling well and her parents Al and Barbara Lewis took her to the emergency room at Sunrise. She was treated and transferred to the pediatric ward where she suffered cardiac arrest and died.

The Nevada Supreme Court said there was conflicting expert testimony about the teen's chances of survival. There was also conflicting testimony as to whether the care administered by O'Connor and the nurses at Sunrise was standard.

Attorneys for the relatives of the victim on the final day of the trial switched the theory of the case from a traditional negligence theory. District Judge Ronald Parraguirre, now on the Nevada Supreme Court, refused to give an instruction to the jury on the new theory that was called "loss of chance."

The lawyers wanted a jury instruction that said the evidence showed to "a reasonable medical probability that some negligent act or omission by one or both of the defendants reduced a substantial chance of survival for Erika Lewis given appropriate medical care."

The court said the survivors prepared and tried their case on the traditional negligence theory and renounced the loss of chance theory until both sides rested their respective cases at the trial. It said Judge Ron Parraguirre was within his authority when he refused to give the instruction.