Background: Patient’s sister, as conservator for patient, brought medical malpractice action against hospital, nurse, and respiratory therapist, alleging that their negligent treatment of patient during CT scan procedure, including failure to monitor patient during procedure, resulted in patient’s cardiac arrest, which resulted in severe and permanent brain damage that left patient in persistent vegetative state. The Circuit Court, Davidson County, Carol Soloman, J., entered judgment upon jury verdict in favor of patient for $5,156,200, which reflected verdict that hospital was 70 percent at fault and patient was 30 percent at fault, stemming from fact that he had alcohol in his system upon arrival at hospital following car accident. Patient’s sister filed motion seeking judgment for full amount of damages found by jury. Hospital filed motion for new trial. The Circuit Court denied hospital’s motion, but granted motion of patient’s sister. Hospital appealed. The Court of Appeals reversed.
