The trial court did not abuse its discretion by denying Defendants’ motions to dismiss this health care liability action when it read several experts’ reports together to satisfy the requirement of the Texas Medical Liability Act that Plaintiffs serve each defendant with an “adequate” expert report or face dismissal of their claim. See Tex. Civ. Prac. & Rem. Code 74.351(1).Plaintiff filed health care liability claims against three defendants, alleging that their respective negligence led to her mother’s death. Plaintiff filed four separate expert reports to satisfy the Act’s requirements. Each defendant moved to dismiss Plaintiff’s claims for failure to serve adequate reports. The trial court denied the motions to dismiss. The court of appeals reversed, concluding that Plaintiff’s four reports - even when read together - did not constitute a good-faith effort to show that Plaintiff’s claims had merit. The Supreme Court reversed, holding that Plaintiff’s four expert reports provided enough information for the trial court to conclude that they constituted a good-faith effort. View "Miller v. JSC Lake Highlands Operations, LP" on Justia Law

The statute of limitations for a cause of action permitting parents to recover the extraordinary expenses incurred to care for a disabled infant who, but for a physician’s negligent failure to detect or advise on the risks of impairment, would not have been born runs from the date of birth rather than the date of the alleged negligence.Plaintiffs in both cases gave birth to children through in vitro fertilization treatment using an egg donor. Two of the three children born to the two couples had the Fragile X mutation, a chromosomal abnormality. Plaintiffs alleged that Defendants failed timely to screen the egg donor for the Fragile X mutation and that these negligent acts or omissions resulted in the parents incurring extraordinary expenses to care for and treat a child with a disability. Defendants moved to dismiss both complaints, arguing that the extraordinary expenses claims were time-barred because the limitations period runs from the date of the alleged malpractice, which they identified as the date the embryos were implanted in the mothers. Supreme Court denied the motion to dismiss, and the Appellate Division affirmed. The Court of Appeals affirmed, holding that because Plaintiffs’ causes of action for extraordinary expenses accrued upon the birth of their children, the claims were timely. View "B.F. v Reproductive Medicine Associates of New York, LLP" on Justia Law

Christopher Pollan filed a medical negligence action against Dr. Andrew Wartak, North Mississippi Medical Center-West Point; Angie Turnage, LPN; Chase Larmour, RN; and Ashley Thomas, LPN, claiming that the defendants’ medical negligence caused the death of his mother, Shirley Pollan. The trial court granted partial summary judgment to the defendants, finding that Pollan’s survival claims were barred by the statute of limitations. Finding no error, the Mississippi Supreme Court affirmed the trial court’s judgment. View "Pollan v. Wartak" on Justia Law

Prusak filed medical malpractice complaint in 2011, against Dr. Jager, University Retina, and University of Chicago medical providers. Prusak claimed that from 2007-2009, she received treatment from Dr. Jager for “flashes, spots and floaters in her eyes.” In 2009, she underwent a brain biopsy that showed she had central nervous system lymphoma. She alleged that Dr. Jager was negligent in failing to order appropriate diagnostic testing. Prusak died in November 2013. Prusak’s daughter was allowed to substitute herself as plaintiff, as the executor of Prusak’s estate and, in April 2014, filed an amended complaint, citing the Wrongful Death Act (740 ILCS 180/2), and the Survival Act (755 ILCS 5/27-6) and the same allegations of negligence as the original complaint. Defendants alleged that plaintiff’s wrongful death claim was barred by the four-year medical malpractice statute of repose because decedent had died more than four years after the last alleged act of negligent medical treatment. Plaintiff responded that the wrongful death claim related back to the original complaint under 735 ILCS 5/2-616(b). The circuit court dismissed the wrongful death claim. The appellate court reversed. The Illinois Supreme Court affirmed. The wrongful death action accrued upon decedent’s death, which occurred after the four-year repose period had expired. If plaintiff had filed an original wrongful death complaint at that time, it would have been barred by the statute of repose but a pending complaint can be amended to include a wrongful death claim that accrued after the statute of repose expired. View "Lawler v. University of Chicago Medical Center" on Justia Law

The Supreme Court reversed the judgment of the district court concluding, as a matter of law, that Plaintiff’s claims against Dr. Rodney Brandt were barred by the applicable statute of limitations.Dr. Brandt performed surgery on Plaintiff’s knee in 2008. Shortly thereafter, Plaintiff began to experience new knee pain. In 2012, Plaintiff filed this claim asserting that Dr. Brandt negligently performed surgery on her knee. The district court ruled that Plaintiff’s claim was filed after the three-year statute of limitations had run. The Supreme Court disagreed and remanded the case, holding (1) the date on which Plaintiff discovered or reasonably should have discovered her injury involved disputed issues of material fact; and (2) Plaintiff was entitled to have a jury decide when she discovered or through reasonable diligence should have discovered her injury and that it may have been caused by Dr. Brandt. View "Wilson v. Brandt" on Justia Law

The Supreme Court affirmed the decision of the court of appeals upholding the district court’s grant of summary judgment to Defendants - a physician and pharmacy - in this case filed by Plaintiff alleging that Defendants overprescribed medication. The district court determined that, because Plaintiff had failed to designate any expert on the applicable standards of care until the day on which the district court had scheduled the summary judgment hearing, the late-designated expert should be excluded, and without expert testimony Plaintiff would be unable to show that either the physician or the pharmacy had violated the applicable standard of care. The court of appeals affirmed. The Supreme Court affirmed, holding that Plaintiff failed to preserve any of the issues she appealed. View "Baumann v. Kroger Co." on Justia Law

The Supreme Court granted mandamus relief to Relator, who sought to resign, revoke, or withdraw the circuit court’s medical authorization order authorizing the release of the decedent’s medical records, holding that the medical authorization order in this case was prohibited by this court’s precedent.Relator filed a wrongful death action against Defendants after his brother, the decedent, died allegedly from metastatic colon cancer. During discovery, Defendants sought an order from the circuit court authorizing the release of the decedent’s medical records. The circuit court signed an order authorizing the release of medical records. Relator then petitioned for this writ to prohibit the use of the decedent’s unlimited medical records. The Supreme Court granted a writ of prohibition, holding that the medical authorization was prohibited because there was no case-by-case review of the medical authorization designed to tailor the requests to the pleadings. View "State ex rel. Fennewald v. Honorable Patricia S. Joyce" on Justia Law

Petitioner Sarah Cahn invoked the due process exception to the New Mexico Medical Malpractice Act (MMA), but did not file her late-accruing medical malpractice claim against Respondent John Berryman, M.D. within twelve months. Twenty-one months elapsed between the accrual date of Cahn’s claim against Dr. Berryman and the date she filed suit against him. Thus, her claim was barred by Section 41-5-13 of the Act. By this opinion, the New Mexico Supreme Court clarified the contours of the due process exception, and held that plaintiffs with late-accruing medical malpractice claims, i.e., claims accruing in the last twelve months of the three-year repose period, shall have twelve months from the time of accrual to commence suit. View "Cahn v. Berryman" on Justia Law

Contrary to the conclusion of the court of appeals in this medical malpractice action, Plaintiff’s failure to produce expert evidence was fatal to his claim and summary judgment was properly granted to Defendants.Plaintiff brought this action alleging that Defendants were negligent in treating, or failing to treat, his illness while he was an inmate in the Hardin County Detention Center. The trial court dismissed Plaintiff’s claims against Defendants on summary judgment because Plaintiff had no expert evidence to establish the relevant standards of care or to show that Defendants’ breach of the standard of care caused Plaintiff’s damages. The court of appeals reversed, concluding that the negligent conduct asserted by Plaintiff fit within the res ipsa loquitur doctrine and thus could be supported at trial without expert opinion. The Supreme Court reversed, holding that, in the absence of expert testimony to the contrary, Plaintiff’s evidence failed to create a genuine issue of material fact as to Defendants’ breach of a standard of care, and therefore, as a matter of law, Defendants were correctly granted summary judgment. View "Adams v. Sietsema" on Justia Law

The Supreme Court affirmed in part, reversed in part, and remanded a district court order dismissing a complaint against a medical treatment center for failure to attach a medical expert affidavit pursuant to Nev. Rev. Stat. 41A.071. On appeal, Appellant argued that the district court erred in dismissing his complaint because his claims were based in ordinary negligence and not medical malpractice, as determined by the district court, and therefore, an affidavit was not required. The Supreme Court held (1) Appellant’s claims for negligence, malpractice, gross negligence, negligence per se, and negligent hiring, training, and supervision were not for medical malpractice and should not have been dismissed for failure to attach the section 41A.071 affidavit; and (2) Appellant’s claim for professional negligence sounded in medical malpractice and was properly dismissed for failure to attach a medical expert affidavit. View "Szymborski v. Spring Mountain Treatment Center" on Justia Law