Robert Cruz filed a lawsuit alleging medical negligence against Dr. Robert R. Schenk and Hand Surgery Ltd., his medical practice, claiming that Dr. Schenk had chosen not to follow the standard of care. In his lawsuit, Cruz said Dr. Schenk used excessive injections and failed to adequately explore or treat the superficial radial right nerve, all of which, it was claimed, injured Cruz.
The jury trial proceeded without incident, but during the jury deliberations, the jury sent two questions to the trial judge. The first one was, “Is the Jury making a decision on how Mr. Cruz got originally hurt or are we making a decision on the quality of care that . . . provided?” The second question was, “After reading the ‘proximate cause statement’ is the jury correct to assume to interpret it in the following way: That if we, the jury, believe that Dr. Schank (sic) is not the only cause for Mr. Cruz’s injury, then we decide with the defense?”
The trial judge met with the parties to discuss the court’s response. The attorney for Cruz stated that the jury’s question should be answered “specifically and accurately.” However, the lawyer did not provide what response should be given to the jury by the judge and gave no written response to the court to give to the jury.