(DOWNLOAD) "Mcshane v. Bay Area Healthcare Group" by In the Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Mcshane v. Bay Area Healthcare Group
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 06, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Appellants, Deborah Sue McShane and James Patrick McShane, individually and as next friends of Maggie Yvonne McShane, a minor, sued appellees, Bay Area Healthcare Group, Ltd., individually and d/b/a Corpus Christi Medical Center - Bay Area; and Columbia Hospital Corporation of Bay Area, individually and as a partner of Bay Area Healthcare Group, Ltd. Appellants sought to recover for injuries sustained during Deborah McShanes labor and delivery of her daughter, Maggie, who is severely brain damaged and suffers from cerebral palsy, developmental disability, and mental retardation. Appellants alleged that the negligence of appellees, either directly or vicariously through the negligence of their nursing staff, caused Maggies injuries. The case was tried to a jury, which returned a 10-2 verdict against appellants. The trial court entered a take-nothing judgment against appellants and denied their motion for new trial. Appellants now raise seven issues on appeal. We conclude that the trial court erred by admitting evidence of appellants superseded pleadings, which show that, at one time, appellants had sued not only appellees but also two physicians involved in Maggies delivery. Having reviewed the entire record, we further conclude that the error probably led to the rendition of an improper verdict. We therefore reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.