Rafaela Sanchez died due to hemorrhaging after giving birth to her third child. Plaintiff, Sanchez’s husband, sued Rafaela’s doctors for medical malpractice. Plaintiff’s lawyers waited more than two years before presenting Plaintiff’s claim. Unbeknownst to Plaintiff and his counsel, the doctors were deemed to be federal employees, against whom claims are barred unless brought within the two-year limitations period allowed under the Federal Tort Claims Act, as opposed to the three-year period allowed for medical malpractice claims in Massachusetts. The United States removed the case to federal court and substituted itself as the defendant. The district court dismissed the suit, finding it time-barred. The First Circuit Court of Appeals affirmed, holding that although the doctors’ status as federal employees was not readily apparent to one who undertook no such investigation, based on a prior controlling holding in Gonzalez v. United States, the district court did not err in dismissing the lawsuit.View "Sanchez v. United States" on Justia Law

When Dr. David Roberts performed amniocentesis on Plaintiff’s mother, who was pregnant with Plaintiff, bleeding occurred. Complications arose from the unsuccessful amniocentesis, and Plaintiff was born with damaged kidneys and cerebral palsy. Plaintiff filed a motion for judgment against Dr. Roberts and other defendants for medical malpractice. Plaintiff asserted that her claim was not covered by Virginia’s Medical Malpractice Act because she was not a “patient” as defined by the Act where she was not a “natural person” at the time of the treatment, and therefore, her claim was not subject to the Act’s statutory cap on damages. The jury returned a $7 million verdict in Plaintiff’s favor. The trial court reduced the verdict, holding that the cap applied. The Supreme Court affirmed, holding that Virginia’s statutory cap on damages applied to Plaintiff’s cause of action because Plaintiff became a “patient” when she was born alive, and therefore, her claim fell within the Act. View "Simpson v. Roberts" on Justia Law

In a medical malpractice case, the defendant alleged the plaintiff’s discovery response concerning his expert was insufficient. The trial judge ordered the plaintiff to produce the expert for a deposition but, due to illness, the expert was unable to attend the scheduled deposition. Without addressing whether the plaintiff was at fault for failure to comply with the court’s order to produce the expert for deposition, the trial court ordered that the expert would not be allowed to testify. The Mississippi Court of Appeals affirmed. Upon review, the Supreme Court reversed and remanded for a hearing on that issue. View "Boyd v. Nunez" on Justia Law

Plaintiff was being treated at a private medical facility, a nurse employed by the clinic committed an unauthorized disclosure of Plaintiff’s confidential health information. Plaintiff filed this action in federal court against Defendants, various affiliated entities that allegedly owned or otherwise controlled the clinic. The district court granted Defendants’ motion to dismiss all eight of Plaintiff’s claims. The Second Circuit Court of Appeals affirmed the dismissal of all but one of Plaintiff’s causes of action, reserving decision on Plaintiff’s claim of breach of fiduciary duty. In a separate opinion, the Second Circuit found the nurse’s actions were not foreseeable to Defendants nor taken within the scope of her employment. The court, however, certified a question to the New York Court of Appeals regarding Defendants’ liability where respondeat superior liability is absent. The Court of Appeals answered that, under New York law, the common law right of action for breach of the fiduciary duty of confidentiality for the unauthorized disclosure of medical information may not run directly against medical corporations when the employee responsible for the breach acts outside the scope of her employment. View "Doe v. Guthrie Clinic, Ltd." on Justia Law

Plaintiff underwent Lasik corrective surgery on her eyes and subsequently developed ocular complications. Plaintiff sued Dr. John L. Siems, who performed the surgery, and Siems Advanced Lasik, asserting claims for medical malpractice and professional negligence. During trial, the defense argued that Plaintiff’s condition was consistent with eye drop abuse. The jury returned a verdict for Defendants. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in admitting certain expert testimony because the testimony met the standard for expert testimony set forth in Williams v. Eighth Judicial District Court, which clarified existing law on medical expert testimony; and (2) the defense counsel’s direct, unauthorized communications with Plaintiff’s treating physician were improper, but because Plaintiff did not demonstrate prejudice, a new trial was not warranted. View "Leavitt v. Siems" on Justia Law

E.Y., a child, was diagnosed with diplegic cerebral palsy. His mother alleges that E.Y.’s illness resulted from medical malpractice by the federally-funded Friend Family Health Center, where she received her prenatal care, and the private University of Chicago Hospital, where she gave birth. Federal law makes a suit against the Center a suit against the United States under the Federal Tort Claims Act (FTCA) that had to be filed within the FTCA’s two-year statute of limitations, 28 U.S.C. 2401(b). The district court granted summary judgment for the government, finding that the suit was filed about two weeks too late. The mother argued that although she was aware she might have a claim against the University Hospital more than two years before filing this suit, she remained unaware that the Friend Center might be involved until she received a partial set of medical records on December 14, 2006, making her suit timely. The Seventh Circuit reversed. A reasonable trier of fact could find that Ms. Wallace the mother was unaware and had no reason to be aware of the Friend Center’s potential involvement in her son’s injuries until less than two years before she filed suit. View "E. Y., v. United States" on Justia Law

Plaintiffs filed a medical malpractice action against the Campbell County Memorial Hospital under the Wyoming Governmental Claims Act (Act), alleging that Amanda Phillips, a certified nurse anesthetist for Northern Plains Anesthesia Associates, which provided anesthesia services for the hospital, acted as an employee or agent of the hospital, making the hospital vicariously liable for Phillips’ alleged negligence. The hospital filed a motion for partial summary judgment, arguing that a government hospital could not be vicariously liable for acts of non-employees or independent contractors under the doctrine of ostensible agency. The district court denied the motion based on Sharsmith v. Hill. The Supreme Court reversed, holding that the district court erred in its interpretation of Sharsmith and that Sharsmith did not create an implied waiver of sovereign immunity under the Act. View "Campbell County Memorial Hosp. v. Pfeifle" on Justia Law

Walter Saunders and his wife, Ruby Saunders, sued Dr. Willis Dickens, a neurologist, filed a failure to diagnose action against Dickens after Saunders developed quadriplegia from his condition. Saunders died during the pendency of the appeal. The jury returned a general verdict in favor of Dickens. The Fourth District affirmed, holding that counsel for Dickens did not improperly shift the burden of proof when he asserted that Saunders had not established causation in light of a subsequent treating physician’s testimony that he would not have changed the course of treatment even if Dickens had not acted negligently. The Supreme Court quashed the decision below, holding that testimony that a subsequent treating physician would not have treated the patient differently had the defendant physician acted within the applicable standard of care is inadmissible and will not insulate a defendant physician from liability for his own negligence. View "Saunders v. Dickens" on Justia Law

Plaintiff, as personal representative for Connie Scribner, filed a wrongful death complaint against Defendants, Dr. Sean Beyer and Emergency Medical Physicians, P.C., alleging that Defendants’ care of Scribner fell below the standard of care. The first trial ended in a mistrial, and a second trial was held. The jury rendered a verdict in favor of Defendants. Plaintiff appealed and Defendants cross-appealed. The Supreme Court affirmed, holding that the district court did not abuse its discretion in declaring a mistrial or in admitting the testimony of Dr. Beyer and Defendants’ emergency medicine expert concerning certain medical tests and a pneumonia severity index. View "Miller v. Beyer" on Justia Law

In 2013, the Governor of Wisconsin signed into law a statute that prohibits a doctor, under threat of heavy penalties, from performing an abortion unless he has admitting privileges at a hospital no more than 30 miles from the clinic in which the abortion is performed. Wis. Stat. 253.095(2). Planned Parenthood and others challenged the law under 42 U.S.C. 1983. The district court entered a preliminary injunction against enforcement of the law. The Seventh Circuit affirmed. The court noted that the seven doctors affected by the law had applied for, but after five months, had not been granted, admitting privileges; that all Wisconsin abortion clinics already have transfer agreements with local hospitals to facilitate transfer of clinic patients to the hospital emergency room. A hospital emergency room is obliged to admit and to treat a patient requiring emergency care even if the patient is uninsured, 42 U.S.C. 1395dd(b)(1). Had enforcement of the law, with its one-weekend deadline for compliance, not been stayed, two of the state’s four abortion clinics would have had to shut down and a third clinic would have lost the services of half its doctors. View "Planned Parenthood of WI v. Van Hollen" on Justia Law