Justia Medical Malpractice Opinion Summaries

On her father’s behalf, Debra Tarvin signed a nursing home Admission Agreement which contained an arbitration provision. After her father Caldwell Tarvin died, she brought a wrongful-death suit against the nursing home, CLC of Jackson, LLC d/b/a Pleasant Hills Community Living Center (“Pleasant Hills”). Caldwell was admitted to Pleasant Hills in August 2007, and Debra signed an Admission Agreement as Caldwell’s “Responsible Party.” Janet Terrell and Annette Tarvin also signed the Agreement as “Family Members” but Caldwell himself did not sign the Agreement. Pleasant Hills moved to dismiss the proceedings and to compel arbitration. Debra responded and argued that Pleasant Hills had waived its right to compel arbitration by participating in the litigation. Debra also argued that Pleasant Hills had “completely ignore[d] the issue of whether or not Mr. Tarvin’s family members had the legal authority to bind him to an arbitration agreement[.]” Specifically, Debra argued that there was “no legal authority, such as a power of attorney or conservatorship” by which she could bind her father to the arbitration agreement, nor could she bind him under the Uniform Healthcare Decisions Act, because “the record is devoid of any evidence” that the physicians relied upon by Pleasant Hills were Caldwell’s primary physicians. The trial court granted Pleasant Hills' motion, and Debra appealed. The relevant statutes at play here were codified as the “Uniform Health-Care Decisions Act,” Mississippi Code Section 41-41-201 to 41-41-229 (the “Act”). The Supreme Court's review of this case found that Act required determination by a primary physician that an individual lacks capacity before a “surrogate” properly can make a healthcare decision for that individual. The record here did not support a finding that a certain "Dr. Thomas" was Caldwell’s primary physician. The Court therefore reversed the trial court’s order compelling arbitration and remanded the case for further proceedings. View "Tarvin v. CLC of Jackson, LLC d/b/a Pleasant Hills Community Living Center" on Justia Law

In 2011, 74-year-old Garnell Wilcoxon lived alone. He suffered a stroke, awoke on the floor of his bedroom covered in sweat, feeling sore and with no memory of how he got there. Wilcoxon was admitted to the Troy Regional Medical Center for analysis and treatment for approximately one year before he died. Following Wilcoxon's death, Brenda McFarland, one of Wilcoxon's daughters, filed a complaint as the personal representative for Wilcoxon's estate, asserting claims for : (1) medical malpractice; (2) negligence; (3) breach of contract; (4) negligent hiring, training, supervision, and retention; and (5) loss of consortium. In its answer, Troy Health asserted, in part, that McFarland's claims were barred from being litigated in a court of law "by virtue of an arbitration agreement entered into between plaintiff and defendant." Troy Health then moved to compel arbitration, asserting that forms signed by one of Wilcoxon's other daughters, acting as his attorney-in-fact, contained a valid and enforceable arbitration clause. McFarland argued that "Wilcoxon did not have the mental capacity to enter into the contract with [Troy Health,] and he did not have the mental capacity to give legal authority to enter into contracts on his behalf with" relatives who initially helped admit him to Troy Health facilities when he first fell ill. According to McFarland, "[t]he medical records document that Wilcoxon was habitually and/or permanently incompetent." Therefore, McFarland argued, both a 2011 arbitration agreement and a 2012 arbitration agreement were invalid. The circuit court denied Troy Health's motion to compel arbitration. The Supreme Court reversed, finding that McFarland failed to prove that Wilcoxon was mentally incompetent when he executed a 2012 durable power of attorney naming his other daughter as his attorney-in-fact, and also failed to demonstrate that Wilcoxon was "permanently incompetent" before that date, and because there was no other issue concerning the validity of the 2012 arbitration agreement. View "Troy Health and Rehabilitation Center v. McFarland" on Justia Law

Plaintiff filed a medical-malpractice action for injuries allegedly sustained by his wife while she was a resident at Defendant’s nursing home. Defendant filed a motion to compel arbitration and for dismissal, asserting that the case was controlled by a valid arbitration agreement. The circuit court entered a general denial order denying the motion to compel arbitration. Defendant subsequently filed a timely motion for specific findings of fact and conclusions of law. The circuit court did not rule on the motion, and it was deemed denied. Defendant appealed. The court of appeals dismissed the appeal as untimely. The Supreme Court vacated the court of appeals and affirmed the circuit court’s denial of Defendant’s motion to compel arbitration, holding that the circuit court did not err in denying Defendant’s motion to compel arbitration. View "Evangelical Lutheran Good Samaritan Soc’y v. Kolesar" on Justia Law

Respondents in this case included Kaiser Foundation Health and Kaiser Foundation Hospitals (collectively, Kaiser). Michael Siopes, a public school teacher, enrolled in a Kaiser health plan offered through the Hawaii Employer-Union Health Benefits Trust Fund (EUTF). Michael was later diagnosed with cancer by a Kaiser medical professional. Michael and his wife, Lacey, subsequently consulted a medical team at Duke University Medical Center. The Duke team determined that Kaiser's diagnosis was erroneous and recommended a different treatment plan. Michael received treatment at Duke that was ultimately successful. Kaiser denied Michael's request for coverage. Michael and Lacey sued Kaiser for, among other things, breach of contract and medical malpractice. Kaiser filed a motion to compel arbitration, arguing that a group agreement entered into Kaiser and the EUTF was applicable to Michael when he signed the enrollment form. The group agreement contained an arbitration provision. The circuit court granted the motion to compel arbitration. The Supreme Court vacated the circuit court's orders, holding (1) the arbitration provision was unenforceable based on the lack of an underlying agreement between Kaiser and Michael to arbitrate; and (2) accordingly, Lacey was also not bound to arbitrate her claims in this case.View "Siopes v. Kaiser Found. Health Plan, Inc." on Justia Law

SSC Montgomery Cedar Crest Operating Company, LLC appealed a circuit court judgment denying its motion to compel arbitration of the medical-malpractice claim asserted against it by Linda Bolding, as attorney in fact and next friend of her father, Norton Means. In early 2012, Means was hospitalized after experiencing stroke and/or heart-attack symptoms. He was admitted to Cedar Crest, a nursing-home facility operated by SSC Montgomery, to receive rehabilitation and nursing services while he recovered. At the time Means was admitted to Cedar Crest, he was accompanied by his daughter, Michelle Pleasant, who completed the necessary paperwork on his behalf. Among the paperwork completed and signed by Pleasant was a dispute-resolution agreement (the "DRA") providing that the "parties" waived their right to a judge or jury trial in the event a dispute arose between them and instead agreed to resolve any such dispute by way of a dispute-resolution program consisting of mediation and binding arbitration. Several months later, Means was hospitalized again. In the second hospitalization, another of his daughters, Linda Bolding, whom Means had previously granted a durable power of attorney, sued SSC Montgomery, alleging that Cedar Crest staff had negligently cared for Means, causing him to suffer dehydration, malnourishment, and an untreated infection that combined to result in his second hospitalization. SSC Montgomery filed both its answer denying Bolding's allegations and a motion to compel arbitration pursuant to the terms of the DRA. Bolding subsequently filed a response, arguing that it would be improper to enforce the DRA because Pleasant had no legal authority to act on Means's behalf at the time Pleasant executed the DRA. Following a September hearing, the trial court entered an order denying SSC Montgomery's motion to compel arbitration. SSC Montgomery then appealed to the Supreme Court. Upon review, the Court concluded that Pleasant's signature on the arbitration agreement was ineffective to bind Means, and by extension his legal representative Bolding, because the evidence indicates he was mentally incompetent at the time Pleasant executed the agreement. View "SSC Montgomery Cedar Crest Operating Company, LLC v. Bolding" on Justia Law

Plaintiff appealed the trial court's dismissal of his medical malpractice action for failing to satisfy the applicable statute of limitations. Plaintiff alleged that Defendant Allan Eisemann, M.D., practicing through a medical practice which bore his name, negligently failed to advise Plaintiff or his dentist of the known risks associated with a tooth extraction while Plaintiff was taking intervenous doses of a medication called "Zometa," prescribed for multiple myleoma. Defendant allegedly approved the procedure; Plaintiff's dentist pulled the tooth. Following the procedure, Plaintiff developed osteonecrosis of the jaw. All parties agreed that the statute of limitations period for Plaintiff's malpractice claims would expire October 9, 2009. By a letter dated in September, Plaintiff's counsel proposed to Dr. Eisemann's counsel and other potential defendants a "time out" agreement to toll the statute of limitations for ninety days so that the parties could pursue settlement. Although Dr. Eisemann signed off on the agreement, not all defendants did. As a result of Plaintiff's failure to reach an agreement with all defendants, Plaintiff filed suit on October 7, 2009. Counsel for Dr. Eisemann returned the acceptance of service to Plaintiff's counsel in January, 2010. Plaintiff did not filed the acceptance with the court at that time. The trial court dismissed the case on its own motion on April 15, 2011 based on Plaintiff's failure to prosecute his claim. Three days later, Plaintiff filed the signed acceptances of service. Dr. Eisemann moved to dismiss. On appeal, Plaintiff argued that the Eisemann defendants are equitably estopped from invoking the statute of limitations. Upon review, the Supreme Court concluded that Plaintiff could not rely on the doctrine of equitable estoppel because his own "omissions or inadvertences" contributed to the problem. Accordingly, the Court affirmed dismissal of his case. View "Beebe v. Eisemann" on Justia Law