New trial ordered in Las Vegas amputated leg case

Thursday, Oct. 30, 2008 | 5:29 p.m.

CARSON CITY – In a 4-3 decision, the Nevada Supreme Court has ordered a new trial for a Las Vegas woman who sued Sunrise Hospital and Medical Center over the amputation of her lower left leg.

A district court jury originally found in favor of Sunrise Hospital in the suit filed by Linda F. Cook and her husband Frank.

Linda underwent back surgery in January 2000 and during the procedure a blood clot formed in her left leg that led to the amputation.

The medical malpractice suit said Sunrise failed to provide equipment that prevented Dr. John Ameriks from properly treating Cook. And the lack of the equipment increased the time her vessels were without oxygen in the leg.

At the conclusion of the trial, District Judge Valorie Vega accepted jury instructions proposed by the hospital that said a bad outcome in this case does not prove or even imply the hospital was negligent.

The court majority, in the decision written by Chief Justice Mark Gibbons, said the instructions were wrong because the jury was not clearly informed it can consider other evidence that Sunrise was negligent.

The instructions, said Gibbons, were an improper statement of the law. And the jury verdict was 6-2 so the instructions could have changed the outcome, Gibbons wrote. The decision also overturns the court costs awarded Sunrise.

Agreeing with Gibbons were Justices Michael Douglas, Michael Cherry and Nancy Saitta.

Dr. Ameriks had settled out of court with the Cooks.

The dissent, written by Justice James Hardesty, said no “prejudicial error” was shown and there were other jury instruction dealing with the evidence that could be considered.

Hardesty said the “Cooks have not shown the probability of a different result” in the verdict of the jury if a more detailed jury instruction was given.

Agreeing with Hardesty were Justices Bill Maupin and Ron Parraguirre.