New trial ordered in medical malpractice case

Thursday, March 24, 2005 | 11:26 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court this morning ordered a new trial to give a man who says he is the victim of medical malpractice another chance to prove his case in Clark County.

The court, in a 2-1 decision, ruled the instructions to the jury given by District Judge Jennifer Togliatti were faulty and confusing.

Jerry D. Carver sued anesthesiologist Dr. Rashad El-Sabawi after an appendectomy surgery, claiming he suffered nerve injury to his left arm and hand. A jury returned a verdict in favor of the physician.

The three justices agreed that instructions given to the jury were conflicting on the issue of negligence. Justice Mark Gibbons and Bob Rose said that was enough to merit a new trial for Carver.

Justice Jim Hardesty agreed the jury instructions were confusing but he said Carver had failed to show he was prejudiced by the error. Hardesty was against granting a new trial.

Carver also sued Dr. Ronald Rosen, the surgeon, but that case was settled without a trial.