Disclaimer: This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all inclusive or reflect all positions of the parties.
William S. Boyd School of Law Justices Hardesty, Douglas, and Pickering
This is an appeal of a jury verdict in a medical malpractice case. In 1995, Waneira Garcia was about 39 weeks pregnant when she arrived at Valley Hospital in Las Vegas complaining of potential complications with her pregnancy. Her daughter was delivered via Caesarian section, and suffers from ongoing developmental delays that will likely require ongoing medical treatment. Garcia attributed her baby’s problems to the negligence of the hospital and filed a lawsuit alleging medical malpractice against her OB/GYN doctor, Joseph Watson, M.D., the hospital, and two of its employees, Mary Kathryn Watts and Madonna Sturgeon. The district court entered a default judgment against Sturgeon for her failure to appear at the trial. A jury found in favor of Dr. Watson, but determined that the hospital and its named employees were negligent and awarded Garcia damages and attorney fees. This appeal followed. ISSUES: Did the district court err in entering a default judgment against Sturgeon for her failure to attend the trial? Did the district court err in instructing the jury? Did the district court abuse its discretion in awarding attorney fees to Garcia?
