Justia Medical Malpractice Opinion Summaries

A patient alleged that she suffered a neck fracture after falling from her hospital bed while medicated and unattended at a hospital. She filed a complaint against the hospital within the one-year statute of limitations for medical claims, also naming ten John Doe defendants described as unknown medical providers involved in her care. The hospital was served and answered the complaint, but the plaintiff did not obtain summonses or attempt service on the John Doe defendants. Several months later, with the hospital’s consent, she amended her complaint to replace the John Doe defendants with specific individuals and entities, including two doctors and a medical group.The newly named defendants moved to dismiss, arguing that the claims against them were time-barred because they were not named before the statute of limitations expired and the plaintiff had not complied with Ohio Civil Rule 15(D), which governs the naming and service of unknown defendants. The Richland County Court of Common Pleas granted the motion, holding that the statutory 180-day extension for joining additional defendants in medical-claim actions did not apply to defendants who were “obvious” at the outset and that the plaintiff was required to comply with Civil Rule 15(D). The Fifth District Court of Appeals reversed, finding that the statutory extension applied to any additional defendants not named in the original complaint, regardless of whether their existence was contemplated at filing.The Supreme Court of Ohio affirmed the appellate court’s decision. It held that a plaintiff is not required to comply with Civil Rule 15(D) to name additional defendants in an amended complaint under R.C. 2323.451(D)(1), and that the 180-day extension under R.C. 2323.451(D)(2) is not limited to newly discovered defendants. Because the plaintiff properly amended her complaint to join the additional defendants, the extension applied and her action was timely commenced. View "Lewis v. MedCentral Health Sys." on Justia Law

A woman died after being treated at a hospital and left behind two minor children. Her mother took custody of the children following a juvenile court order that granted her authority over their care. The mother, acting as custodian, sent pre-suit notice to the health care providers she believed responsible for her daughter’s death, identifying herself as the “claimant authorizing the notice” but not mentioning the minor children. She later filed a wrongful death lawsuit, initially on her own behalf and on behalf of the children, but ultimately pursued the claim solely for the children.The Circuit Court for Anderson County first granted, then vacated, the defendants’ motions to dismiss, finding that the mother had substantially complied with the pre-suit notice requirements and that the omission of the children’s names did not prejudice the defendants. The court also found that while the children held the right to the claim, the mother was the claimant on their behalf. The Court of Appeals, however, reversed this decision, holding that the pre-suit notice was deficient because it failed to identify the children as claimants, and that this failure prejudiced the defendants. The appellate court did agree that the mother had standing to bring the suit on behalf of her grandchildren.The Supreme Court of Tennessee reviewed the case and reversed the Court of Appeals. The Court held that under Tennessee Code Annotated section 29-26-121(a)(2)(B), the “claimant authorizing the notice” is the person who asserts the right and formally approves giving pre-suit notice. Since the minor children could not act for themselves, their legal custodian was the proper person to authorize notice and file suit on their behalf. The Court concluded that the mother complied with the statutory pre-suit notice requirements and remanded the case to the circuit court. View "Denson ex rel. Denson v. Methodist Medical Center of Oak Ridge" on Justia Law

The plaintiff sought medical care for severe headaches and related symptoms from various providers in Oklahoma and Missouri, including Freeman Health System (FHS) and Dr. Gulshan Uppal in Joplin, Missouri. After multiple visits and treatments, she was ultimately diagnosed with serious neurological conditions and suffered lasting health consequences. She alleged that several healthcare providers, including FHS and Dr. Uppal, negligently diagnosed, treated, and discharged her.She filed suit in the District Court of Ottawa County, Oklahoma, naming multiple defendants. FHS and Dr. Uppal moved to dismiss for lack of personal jurisdiction, arguing their actions and contacts were insufficient for Oklahoma courts to exercise jurisdiction. The district court granted the motion, finding it lacked both general and specific personal jurisdiction over these defendants, primarily because the relevant treatment occurred in Missouri and the claims did not arise from FHS’s Oklahoma contacts. The Oklahoma Court of Civil Appeals affirmed this decision.The Supreme Court of the State of Oklahoma reviewed the case on certiorari. It held that the district court erred by only considering whether the suit “arose out of” the defendants’ contacts with Oklahoma, and not whether it “related to” those contacts, as required by the two-pronged standard for specific personal jurisdiction clarified in Ford Motor Co. v. Montana 8th Judicial District Court. The Supreme Court found that the plaintiff met her burden regarding FHS’s contacts with Oklahoma, warranting further proceedings to determine if her claims “relate to” those contacts. However, the plaintiff failed to show sufficient contacts for personal jurisdiction over Dr. Uppal. The Supreme Court vacated the appellate court’s opinion, affirmed the district court’s dismissal of Dr. Uppal, reversed the dismissal of FHS, and remanded for further proceedings. View "Barfell v. Freeman Health System" on Justia Law

A Georgia corporation operates several hospitals and clinics in west Georgia and, through an affiliated entity, also operates a small hospital and clinics in east Alabama. An Alabama resident sought treatment at the Alabama hospital and was subsequently transferred by ambulance to the corporation’s Georgia facility for a heart-catheterization procedure. The procedure was performed by a Georgia-based physician employed by the corporation, who is not licensed in Alabama and has never practiced there. The patient alleges that the physician’s negligence during the procedure in Georgia caused him to suffer renal failure and require further medical intervention. The patient sued both the corporation and the physician in the Randolph Circuit Court in Alabama, asserting claims under both Alabama and Georgia medical liability statutes and alleging the corporation’s vicarious liability for the physician’s actions.The physician and the corporation moved to dismiss the case, arguing that the Alabama court lacked personal jurisdiction over them and that venue was improper. The circuit court dismissed the claims against the physician for lack of personal jurisdiction but denied the corporation’s motion to dismiss. The corporation then petitioned the Supreme Court of Alabama for a writ of mandamus to direct the circuit court to dismiss the claims against it.The Supreme Court of Alabama held that the corporation was not subject to general jurisdiction in Alabama, as it was neither incorporated nor had its principal place of business there. However, the Court found that specific personal jurisdiction existed because the patient’s treatment began at the Alabama facility operated by the corporation, and the subsequent care in Georgia was sufficiently related to the corporation’s activities in Alabama. The Court also concluded that the corporation had not demonstrated a clear legal right to dismissal based on improper venue, as it had not adequately addressed whether Alabama’s venue statute applied to claims brought under another state’s law. The petition for a writ of mandamus was denied. View "Ex parte Tanner Medical Center, Inc." on Justia Law

A woman was injured when a heat lamp manufactured by a company made contact with her foot during an acupuncture session performed by a physician. She initially sued the physician and his employer for medical malpractice. The physician then filed a third-party complaint against the manufacturer, alleging product liability. The injured woman subsequently filed a direct product liability claim against the manufacturer. The manufacturer raised special defenses, asserting that both the woman and the physician bore comparative responsibility for her injuries and that, if found liable, it would be entitled to contribution from the physician. Before trial concluded, the physician withdrew his third-party complaint. The jury found the manufacturer 80 percent responsible and the physician 20 percent responsible for the woman’s damages.After judgment was rendered, the Connecticut Appellate Court reversed the judgment as to the medical malpractice claim against the physician for lack of personal jurisdiction but affirmed the product liability judgment, including the jury’s allocation of comparative responsibility. The Connecticut Supreme Court denied the manufacturer’s petition for certification to appeal, and the woman withdrew her appeals after receiving payment in satisfaction of the judgment.The manufacturer and its insurer then filed a contribution action against the physician, seeking to recover 20 percent of the amount paid to the injured woman. The Superior Court granted summary judgment in favor of the manufacturer and its insurer. On appeal, the physician argued that he was not a party subject to the comparative responsibility provisions of the Connecticut Product Liability Act and that the contribution action was untimely.The Connecticut Supreme Court held that all defendants in an action involving a product liability claim, regardless of whether they are product sellers, are subject to comparative responsibility under the statute. The Court also held that a contribution action is timely if brought within one year after all appellate proceedings in the underlying action are final. The judgment in favor of the manufacturer and its insurer was affirmed. View "Health Body World Supply, Inc. v. Wang" on Justia Law

The case concerns the death of Skyler A. Womack, a dependent adult with disabilities who resided at a 24-hour skilled nursing facility operated by Silverscreen Healthcare, Inc. After Skyler’s death, his parents filed suit against the facility, alleging that neglect—including understaffing, failure to maintain the facility, and inadequate provision of basic needs—led to his injuries and death. The claims included survivor actions and a wrongful death claim. Notably, Skyler had signed an arbitration agreement upon admission, which stated that any medical malpractice disputes would be subject to arbitration and purported to bind his heirs.In the Los Angeles County Superior Court, Silverscreen moved to compel arbitration of all claims based on the arbitration agreement and the California Supreme Court’s decision in Ruiz v. Podolsky. The trial court compelled arbitration of the survivor claims but denied arbitration for the parents’ wrongful death claim, reasoning that the claim was based on neglect under the Elder Abuse Act, not professional negligence. The California Court of Appeal reversed, holding that the wrongful death claim was subject to arbitration because it was based on professional negligence as defined by the agreement and relevant statutes.The Supreme Court of California reviewed the case and reversed the Court of Appeal’s decision. The Court held that the exception recognized in Ruiz v. Podolsky applies only to wrongful death claims that are based on medical malpractice as defined by the Medical Injury Compensation Reform Act (MICRA), specifically disputes about whether medical services were improperly rendered. The Court clarified that not all wrongful death claims against health care providers fall within this exception—claims based on custodial neglect, as opposed to professional negligence in medical care, are not subject to arbitration under section 1295 and Ruiz. The Court remanded the case to allow plaintiffs to amend their complaint to clarify the basis of their wrongful death claim. View "Holland v. Silverscreen Healthcare, Inc." on Justia Law

A woman, acting individually and as the special administrator of her late husband’s estate, filed a wrongful death and medical malpractice lawsuit against a hospital and an emergency room physician. She alleged that the physician negligently failed to diagnose and treat her husband’s condition after he presented to the emergency room with head and neck pain following a blow to the head. The physician diagnosed abrasions and a closed head injury, but did not order cardiac tests. The patient was discharged and died that night from an apparent heart attack.The case was filed in the District Court for Douglas County, Nebraska. Over several years, the parties engaged in discovery, and the court issued multiple progression orders setting deadlines for, among other things, the disclosure of expert witnesses. The plaintiff did not disclose a medical expert by the required deadline. The defendants moved for summary judgment, arguing that without expert testimony, the plaintiff could not prove her malpractice claim. Shortly before the summary judgment hearing, the plaintiff disclosed a new medical expert. The district court excluded the expert’s affidavit, both as a discovery sanction and under its inherent authority to enforce its progression orders, and granted summary judgment for the defendants, dismissing the case with prejudice.The Nebraska Court of Appeals reversed, finding that the district court abused its discretion in excluding the expert’s affidavit as a discovery sanction and remanded for further proceedings. On further review, the Nebraska Supreme Court held that the district court did not abuse its discretion in excluding the late-disclosed expert under its inherent authority to enforce progression orders. The Supreme Court reversed the Court of Appeals and remanded with directions to affirm the district court’s judgment granting summary judgment to the defendants. View "Ricker v. Nebraska Methodist Health System" on Justia Law

Burke McCarthy died in October 2018 after receiving medical treatment from Dr. Wesley Hiser at Wyoming Medical Center. Dianna Ellis, McCarthy’s daughter and wrongful death representative, filed a wrongful death lawsuit against Dr. Hiser and the hospital in February 2021, within the two-year statute of limitations. However, Dr. Hiser was never served with the original complaint. Nearly two years later, Ellis voluntarily dismissed her suit against Dr. Hiser. In December 2023, she refiled her complaint, relying on Wyoming’s savings statute to argue she had an additional year to commence a new action. Dr. Hiser was served for the first time in February 2024, more than five years after McCarthy’s death.The District Court of Natrona County granted Dr. Hiser’s motion to dismiss the refiled complaint. The court found that it had never obtained jurisdiction over Dr. Hiser in the original action because he was not served, and therefore the savings statute could not apply to extend the time for refiling. Ellis appealed this decision.The Supreme Court of Wyoming reviewed the case de novo. The court held that Wyoming’s savings statute, Wyo. Stat. Ann. § 1-3-118, does not apply to actions that are voluntarily dismissed by the plaintiff. The court overruled its prior decision in Hugus v. Reeder, 2022 WY 13, which had held that a voluntary dismissal qualified as a “failure otherwise than upon the merits” under the savings statute. The court reasoned that a voluntary dismissal is not a “failure” within the meaning of the statute, as it is a matter of choice rather than an unsuccessful attempt to proceed. Accordingly, the Supreme Court of Wyoming affirmed the district court’s dismissal of Ellis’s refiled complaint. View "Ellis v. Hiser" on Justia Law

Everett Robinson was transferred to Canton Harbor Healthcare Center, a skilled nursing facility, for follow-up care after a stroke. During his stay, he developed pressure ulcers, which allegedly worsened after his transfer to other facilities, leading to his death. Felicia Robinson, his widow, and his surviving children filed a complaint against Canton Harbor, alleging negligence in allowing the pressure ulcers to develop and worsen, causing his wrongful death. They submitted a certificate of a qualified expert, signed by registered nurse Anjanette Jones-Singh, attesting that Canton Harbor breached the standard of care, causing the pressure ulcers.The Circuit Court for Baltimore City dismissed the complaint, ruling that as a registered nurse, Jones-Singh was not qualified to attest to the proximate cause of Robinson's pressure ulcers. The Robinsons appealed, and the Appellate Court of Maryland vacated the dismissal, holding that a registered nurse is not disqualified per se from attesting that a breach of nursing standards proximately caused pressure ulcers. The case was remanded for further proceedings.The Supreme Court of Maryland affirmed the Appellate Court's judgment. The court held that a registered nurse may attest in a certificate that a breach of nursing care standards at a skilled nursing facility proximately caused a pressure ulcer, provided the nurse relies on a pre-existing diagnosis and does not make a medical diagnosis. The court also held that a registered nurse meets the peer-to-peer requirement to attest to breaches of nursing care standards but not to the standards applicable to physicians. The case was allowed to proceed based on the certificate provided by Nurse Jones-Singh. View "Canton Harbor Healthcare v. Robinson" on Justia Law

Carol Cutting filed a medical malpractice lawsuit against Down East Orthopedic Associates, P.A., based on treatment she received in 2013. Cutting alleged that a doctor at Down East treated her shoulder improperly and failed to obtain informed consent, particularly regarding how her Tourette’s syndrome might affect the surgery. She also claimed the doctor falsified her medical records. A prelitigation screening panel found unanimously against Cutting, determining that the doctor’s conduct did not deviate from the standard of care.The Superior Court (Penobscot County) admitted the panel’s finding into evidence at trial. The jury found that Down East was not negligent. Cutting challenged the admission of the panel’s finding, arguing it was biased and violated her due process rights. She also contested the court’s judgment as a matter of law on her claim for punitive damages, arguing that the court erred in its decision.The Maine Supreme Judicial Court reviewed the case. The court held that the trial court did not abuse its discretion in admitting the panel’s finding. The court noted that the panel’s offer to decide the case based on written records, if both parties agreed, did not demonstrate bias, especially since the offer was declined and a full hearing was held. The court also found that the trial court provided the jury with the necessary instructions to contextualize the panel’s finding, preserving Cutting’s right to a jury trial.Regarding punitive damages, the court held that any error in granting Down East’s motion for judgment as a matter of law was harmless. Since the jury found no negligence, they could not award any damages, including punitive damages. Therefore, the court affirmed the judgment in favor of Down East Orthopedic Associates, P.A. View "Cutting v. Down East Orthopedic Associates, P.A." on Justia Law