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Appeals court revisits agency and charitable‑cap issues in medical malpractice verdict

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Summary

Argument focused on whether the trial court correctly set aside a jury verdict by applying charitable‑immunity or directed‑verdict rules and whether sufficient evidence supported a hospital agency theory for the treating physician.

The appeals panel heard argument in a medical malpractice appeal in which counsel for the plaintiff urged reinstatement of a jury verdict and challenged the trial court’s directed‑verdict and post‑trial rulings, including application of a statutory cap tied to nonprofit charitable status.

Plaintiff counsel Chris Sobchak described a 2022 jury verdict finding negligence by physician Dr. Azoni and argued the trial judge…

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