Neal v. Sparks Reg’l Med. Ctr.
Appellants, several individuals and the administratrix of the estate of Arvilla Langston, filed a medical-malpractice action against Appellees, Sparks Regional Medical Center (SRMC) and Sparks Medical Foundation, alleging that Langston died as the result of SRMC's alleged failure to properly care for, diagnose, and treat Langston. Appellees filed an amended answer, and the circuit court dismissed the case on the grounds of charitable immunity. The Supreme Court reversed, holding that the circuit court erred in failing to strike the amended answer. On remand, the circuit court granted summary judgment to Appellees. Appellants subsequently filed an amended complaint attempting to raise a pre-death claim not pled in the initial complaint. Appellants filed a motion for reconsideration and new trial. The circuit court denied Appellants' motion for reconsideration and new trial and granted SRMC's motion to strike Appellants' amended complaint. The Supreme Court affirmed the circuit court's ruling, holding (1) the circuit court did not err in granting summary judgment; (2) Appellants' failed to preserve for appeal their argument that the circuit court erred in failing to rule on a loss-of-chance theory of recovery; and (3) the circuit court did not manifestly abuse its discretion in striking Appellants' amended complaint. View "Neal v. Sparks Reg'l Med. Ctr." on Justia Law