Legal Eagle Eye Newsletter for the Nursing Profession (6)10 Oct 98
Quick Summary: The nurses in the operating room warned the physician the speculum was too hot because it had just come out of the autoclave.
The U.S. Circuit Court of Appeals for the Eighth Circuit validated the jurys verdict against the physician for negligence for using the speculum in spite of the nurses warning.
The court did reduce the verdict against the physician from $355,000 to $227,000. Part of the verdict the court said was based on pure speculation by the jury as to the how much money the patient would need for future medical care stemming from the incident. Gunderson v. Bigg, 146 F. 3d 557 (8th Cir., 1998).