A malpractice trial continued Tuesday in state District Court with a former doctor for Christus St. Vincent Regional Medical Center and an expert in critical-care nursing testifying there were no signs Andy Montoya was in distress days before he died.

Montoya's family maintains he died Dec. 11, 2005, because hospital staff failed to realize he was having trouble breathing after he underwent surgery to unblock his carotid artery.

Contrary to post-operative instructions, someone lowered the head of Montoya's bed to change or adjust his bedding, causing a constriction of his air passage, oxygen deprivation, brain damage and death, the complaint says.

Last week, La Wana Badiesha, an intensive-care nurse called by the plaintiffs, testified that Lawrence Goldstein, the surgeon who operated on Montoya on Dec. 7, 2005, was slow to respond to her concerns about the patient's breathing.

But on Tuesday, Charles Riley, a pulmonary specialist called by the defense, told the jury he saw no signs Montoya was gasping for air when he examined him the day after the surgery.

After looking inside Montoya's throat, Riley said, he found signs of swelling from the surgery, but no blood in his mucous, and concluded, "There was plenty of room for breathing."

The attorney for the Montoya family, Richard Sandoval of Albuquerque, cross-examined Riley, asking him if he had intubated Montoya, whether he "would still be with us today." But Kathleen Wilson, an attorney for Goldstein, and William Slattery, an attorney for Christus St. Vincent, objected, and state District Judge Jim Hall sustained the objections.

Later Tuesday, the jury also heard from an expert witness for the defense — Linda Cole, who has more than 30 years experience in critical-care nursing and now works at St. Luke's Episcopal Hospital in Houston.

After reviewing Montoya's hospital records, Cole said she found no indication he was in distress in the days immediately following his surgery. Agitation noted in Montoya's file was more likely brought on by alcohol withdrawal than trouble breathing, she said.

Cole also said she saw no indication there was a lack of collaboration between doctors, nurses and others on Montoya's health-care team. "There were multiple entries indicating that orders were being received and implemented," she said.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.