Justia Medical Malpractice Opinion Summaries

In this healthcare liability action, the Supreme Court reversed the judgment of the court of appeals affirming the judgment of the trial court denying Defendant's motion for directed verdict and motion for judgment notwithstanding the verdict (JNOV), holding that the trial court gave an erroneous charge that instructed the jury on the incorrect law applicable in the case. Plaintiffs filed this action against their obstretician, claiming that Defendant failed to exercise ordinary care when delivering Plaintiffs' baby and that Defendant's negligence proximately caused the baby's brachial plexus injury. At the close of the evidence Defendant moved for a directed verdict, arguing that there was legally insufficient evidence of willful and wanton negligence as required under Tex. Civ. Prac. & Rem. Code 74.153. The trial court denied the motion. The jury returned a verdict in favor of Plaintiffs, finding that Defendant was negligent under an ordinary, and not a willful and wanton, negligence standard. The trial court denied Defendant's motion for JNOV. The Supreme Court reversed, holding that the court erred in charging the jury because the jury should have considered whether section 74.153's standard of willful and wanton negligence applied in this case where it was contested whether Defendant provided emergency medical care to the mother and the baby. View "Glenn v. Leal" on Justia Law

In three consolidated cases, the Supreme Court affirmed the decisions of the district judges denying in large part Defendants' motions to dismiss these medical malpractice lawsuits on time-bar grounds and reversed the judgment of one of the three judges granting the motion to dismiss as to a negligent credentialing claim, holding that Plaintiffs sufficiently alleged fraudulent concealment to avoid dismissal. Plaintiffs, three former patients of Dr. Sherman Sorensen, sued Sorensen, his business entity, and either St. Mark's Hospital or IHC Health Services, Inc., alleging that Sorensen performed unnecessary heart surgery on them. Defendants moved to dismiss each case on the ground that Plaintiffs' claims were time-barred under the Utah Health Care Malpractice Act. Defendants also contended that the time bar was not tolled by the statute's "fraudulent concealment" or "foreign object" exceptions. The three district judges denied the motions to dismiss. The Supreme Court affirmed in part, holding(1) the statutory tolling provisions in Utah Code 78B-3-404(2) apply to both the two-year limitations period and the four-year repose period in section 78B-3-404(1); and (2) responses to affirmative defenses are not subject to the pleading requirements of rules 8 and 9 of the Utah Rules of Civil Procedure. View "Bright v. Sorensen" on Justia Law

Phillip and Marcia Eldridge filed a medical malpractice suit against Dr. Gregory West (West), Lance Turpin, PA-C (Turpin), and Summit Orthopaedics Specialists, PLLC (Summit), alleging Phillip became infected with Methicillin-Resistant Staphylococcus Aureus (MRSA) as a result of malpractice committed by West, Turpin, and agents of Summit. West performed hip replacement surgery on Phillip’s right hip in October 2009. In 2012, West performed what he later described as exploratory surgery on Phillip’s hip to determine the source of Phillip’s pain, as well as the potential replacement of components if an infection were found. All of the test results from the samples sent to the pathology department indicated there was no infection in the hip. Rather than explant the hip in its entirety, West replaced only the metal ball at the head of the femur with a ceramic ball. Following the second surgery, Phillip experienced numerous adverse complications. Phillip would have another revision a few months later, during which the MRSA was discovered. The Eldridges claimed West and Turpin breached the standard of care that was due them and as a result, sustained damages. The district court granted various motions, including a motion to dismiss certain causes of action against West, Turpin, and Summit, as well as a motion for summary judgment brought by Turpin and Summit, and a motion for partial summary judgment brought by West. In their appeal, the Eldridges contended the district court erred by: (1) dismissing their claims for negligent and intentional infliction of emotional distress, gross negligence, and reckless, willful, and wanton conduct; (2) denying their motion to strike the affidavits of West and Turpin; (3) limiting their claim for damages; and (4) concluding that the Eldridges could only present evidence of damages, specifically medical bills, after the Medicare write-offs had been calculated. In affirming in part and reversing in part, the Idaho Supreme Court concluded the district court erred in refusing to strike portions of West’s first affidavit and Turpin’s affidavit because they were conclusory. Furthermore, the district court abused its discretion in precluding the Eldridges from putting on proof of damages that arose after April 24, 2013, and their presentation of damages. Orders granting summary judgment to West regarding the Eldridges’ informed consent claim and Turpin were affirmed. The matter was remanded for further proceedings. View "Eldridge v. West" on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment for Defendants, a hospital and a midwife, holding that Plaintiff failed to produce expert evidence that created a genuine dispute of material fact as to the causation element of her medical malpractice claim. Thirteen years after her baby sustained brain damage during delivery, Plaintiff, as parent and natural guardian of her minor child, sued Defendants, alleging that the hospital's labor-and-delivery nurses and the midwife inadequately monitored Plaintiff's labor, which resulted in the child's hypoxic brain injury. The district court granted partial summary judgment for Defendants dismissing Plaintiff's claims for premajority medical expenses and then later dismissed Plaintiff's remaining negligence claims. The Supreme Court affirmed, holding that the district court properly found that Plaintiff failed to provide evidence that would establish the necessary causal link between the alleged breaches in standard of care and the supposed injury to the child. View "Ruiz v. Killebrew" on Justia Law

In this medical malpractice appeal, the Supreme Court reversed the judgment of the circuit court granting Defendants' motion to strike the evidence on the ground that it was insufficient to prove causation, holding that Plaintiff's evidence was sufficient to establish a prima facie case and survive a motion to strike at the conclusion of Plaintiff's case-in-chief. Plaintiff, as the personal representative and the administrator of his deceased wife's estate, filed a complaint alleging that Defendants had been professionally negligent, which had caused his wife's wrongful death. At the conclusion of Plaintiff's case-in-chief, Defendants moved to strike the evidence. The circuit court granted the motion and entered a final order awarding judgment to Defendants. The Supreme Court reversed, holding that Plaintiff's evidence was sufficient to defeat Defendants' motion to strike and that the circuit court erred by failing to view all of Plaintiff's evidence in the light most favorable to him. View "Tahboub v. Thiagarajah" on Justia Law

Shane and Rebecca Ackerschott sued Mountain View Hospital, LLC, doing business as Redicare (“Redicare”), after Shane sustained an injury leading to paraplegia. A jury found Redicare’s treatment of Shane breached the standard of care and awarded the Ackerschotts $7,958,113.67 in total damages. After judgment was entered, Redicare filed a motion for judgment notwithstanding the verdict, or in the alternative, a new trial. The Ackerschotts also moved to alter or amend the judgment. All post-trial motions were denied. Redicare appealed, arguing the district court erred by not submitting an instruction on comparative negligence to the jury and by allowing testimony of the Ackerschotts’ expert witness. The Ackerschotts cross-appealed, arguing the cap on noneconomic damages imposed by Idaho Code section 6-1603 was unconstitutional. After review, the Idaho Supreme Court affirmed as to Redicare’s direct appeal, and declined to reach the merits of the Ackerschotts’ constitutional claim on cross-appeal. View "Ackerschott v. Mtn View Hospital; Redicare" on Justia Law

At issue before the Idaho Supreme Court in this case was a suit for medical malpractice brought by Leila Brauner against AHC of Boise, dba Aspen Transitional Rehab (Aspen). The claim arose out of Aspen’s delay in sending Brauner to the hospital following her knee replacement surgery, which was a substantial factor resulting in the amputation of Brauner’s right leg at the mid-thigh. After a trial, the jury entered a verdict in favor of Brauner and awarded her $2,265,204 in damages. Aspen appealed, alleging that various pre-trial and post-trial rulings were made in error and resulted in an unsustainable judgment. After review, the Supreme Court found no reversible error, and affirmed. View "Brauner v. AHC of Boise" on Justia Law

The Louisiana Supreme Court granted writs in consolidated matters to consider whether allegations of negligent credentialing against two healthcare providers were claims that fell within the purview of Louisiana’s Medical Malpractice Act or, alternatively, sounded in general negligence. Mariah Charles was born prematurely in October 2014 at Lafayette General Medical Center (LGMC) and hospitalized there until March 2015, when she was transferred to Women’s and Children’s Hospital of Lafayette (W&C) until her release a month later. Dr. Geeta Dalal, a pediatric cardiologist with clinical privileges at both hospitals, contributed to Mariah’s care during and after Mariah’s hospitalization. While Mariah remained at LGMC, Dr. Dalal ordered and interpreted eight echocardiograms that, according to the petition, revealed abnormal findings that could cause pulmonary artery hypertension, yet, the petition alleged Dr. Dalal took no action other than ordering additional echocardiograms. After Mariah’s transfer to W&C, Dr. Dalal interpreted more echocardiograms, again noted abnormalities, and allegedly failed to properly diagnose or treat Mariah. Mariah’s mother initiated Medical Review Panel proceedings with the Patient’s Compensation Fund against Dr. Dalal and the hospital defendants alleging medical malpractice and seeking damages for their alleged failure to properly diagnose and treat Mariah. In addition to the Medical Review Panel proceedings, Mariah's mother filed suit against the hospitals, The Regional Health System of Acadiana, LLC, Women’s & Children’s Hospital, Inc., HCA Holdings, Inc., and Health Care Indemnity, Inc. (W&C), as well as Lafayette General Medical Center, Inc. and/or Lafayette General Health System, Inc. (LGMC), for damages related to Mariah’s care. The petition for damages asserted a single cause of action that LGMC and W&C were liable under general tort law because they “negligently credentialed Dr. Dalal and negligently provided her with privileges to practice” in their facilities “even though [they] knew or should have known she was not board certified in the field of pediatric cardiology.” LGMC and W&C filed dilatory exceptions of prematurity to this suit, asserting that they were qualified healthcare providers under the MMA and were entitled to have Thomas’s negligent credentialing claims presented first to a medical review panel pursuant to R.S. 40:1231.8(B)(1)(a)(i). Based on the allegations presented by the petition, the provisions of the LMMA, and application of the "Coleman" factors, the Supreme Court found the trial court correctly sustained the exceptions of prematurity raised by LGMC and W&C, therefore reversing the court of appeal's judgment and reinstated the trial court’s judgment. View "Thomas v. Regional Health System of Acadiana, LLC" on Justia Law

In this healthcare liability action, the Supreme Court affirmed the decision of the trial court denying Plaintiffs' motion to alter or amend after concluding that Plaintiffs' sole expert witness was not competent to testify on causation and granting summary judgment to Defendant, holding that the trial court's decision was within the range of acceptable alternative dispositions of the motion to alter or amend. In Plaintiffs' motion to alter or amend Plaintiffs proffered causation testimony from a new expert witness. The trial court denied the motion. The court of appeals reversed, concluding that the trial court abused its discretion. The Supreme Court reversed the decision of the court of appeals and reinstated the judgment of the trial court, holding that the court of appeals erred in holding that the trial court's denial of Plaintiffs' motion to alter or amend was an abuse of discretion because the trial court's decision was within the parameters of the court's sound discretion. View "Harmon v. Hickman Community Healthcare Services, Inc." on Justia Law

Mark Krebsbach appeals a district court judgment dismissing his lawsuit against Trinity Hospital relating to medical services provided to his wife. Krystal Krebsbach died in June 2016. In September 2013 she was diagnosed with hepatitis C while a patient at the ManorCare nursing home in Minot. Krystal’s diagnosis occurred during a hepatitis C outbreak in the Minot area. In September 2016 Krebsbach moved to intervene in a lawsuit with other plaintiffs against Trinity related to the hepatitis C outbreak. The district court granted Krebsbach’s motion in December 2016. Krebsbach’s complaint against Trinity alleged negligence, fraud, deceit and unlawful sales and advertising practices. Krebsbach claimed negligence and misconduct by Trinity’s staff and management caused Krystal Krebsbach’s hepatitis C. Krebsbach alleged Trinity engaged in actual fraud or deceit by misrepresenting the competency of its care providers and withholding information about its employees’ theft or misuse of drugs (known as drug diversion) and needle reuse. Krebsbach asserted Krystal Krebsbach relied on Trinity’s misrepresentations and allowed Trinity to provide her with phlebotomy services, which caused her to contract hepatitis C. The court dismissed Krebsbach’s action after a special master appointed by the court concluded the two-year statute of limitations for medical malpractice applied to Krebsbach’s action. The special master also concluded the action was barred because Krebsbach had notice of Trinity’s possible negligence more than two years before bringing his lawsuit. Krebsbach claimed the six-year statute of limitations under N.D.C.C. 28-01-16 applies to his negligence claims against Trinity. Before the North Dakota Supreme Court, Krebsbach argued the special master and district court erred in concluding he was on notice of Trinity’s possible negligence more than two years before commencing his action against Trinity. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal. View "Krebsbach, et al. v. Trinity Hospitals, Inc., et al." on Justia Law