Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Cynthia L. Lear v. Nebraska Methodist Health System, Inc., et al.

Date: 07-25-2025

Case Number:

Judge: Timothy P. Burns

Court: District Court, Douglas County, Nebraska

Plaintiff's Attorney:

Click Here For The Best Omaha Personal Injury Law Lawyer Directory





Defendant's Attorney:

Click Here For The Best Omaha Insurance Defense Law Lawyer Directory





Description:
Omaha, Nebraska personal injury lawyer represented the Plaintiff who sued on a medical malpractice theory.



On March 13, 2017, Joshua W. Lear (Joshua) underwent a lobectomy, in which the lower portion of his left lung was removed. Batter, employed by OTCS, was the surgeon who performed the operation at TNMH. After experiencing postsur-gical issues, Joshua died later that day. Lear filed suit against NMHS, TNMH, OTCS, and Batter. Several fact and expert witnesses testified at trial, and hundreds of pages of documents were entered into evidence.



Joshua Smith, M.D., was the anesthesiologist who provided care for Joshua during the surgery. Smith was not an employee of the hospital. Smith attempted to place an arterial line prior to surgery to monitor Joshua's vital signs, but after several failed attempts, Smith made the decision to use alternate means to monitor them. The surgery was performed without complications, and at 4:01 p.m., Joshua was taken to the post-anesthesia care unit (PACU). The PACU is a recovery room where patients who have been fully anesthetized are closely monitored before being transferred to a hospital floor room. Smith accompanied Joshua to the PACU, and a PACU nurse, Jill Sheffield, began providing care for Joshua.
Outcome:
Defendant's verdict.



Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Cynthia L. Lear v. Nebraska Methodist Health System, Inc....?

The outcome was: Defendant's verdict. Affirmed

Which court heard Cynthia L. Lear v. Nebraska Methodist Health System, Inc....?

This case was heard in District Court, Douglas County, Nebraska, NE. The presiding judge was Timothy P. Burns.

Who were the attorneys in Cynthia L. Lear v. Nebraska Methodist Health System, Inc....?

Plaintiff's attorney: Click Here For The Best Omaha Personal Injury Law Lawyer Directory. Defendant's attorney: Click Here For The Best Omaha Insurance Defense Law Lawyer Directory.

When was Cynthia L. Lear v. Nebraska Methodist Health System, Inc.... decided?

This case was decided on July 25, 2025.