Justia Medical Malpractice Opinion Summaries

Plaintiffs challenged the constitutionality of two California statutes— Civil Code section 3333.2, which caps the number of damages a plaintiff may recoup for noneconomic losses at $250,000 (Civ. Code, Section 3333.2, subd. (b)); and Business and Professions Code section 6146, which sets limits on the amount of contingency fees a law firm may charge in representing a plaintiff in a professional negligence action against a health care provider. (Civ. Code, Section 3333.2 and Bus. & Prof. Code, Section 6146 are sometimes referred to collectively as the challenged statutes.)   The Fifth Appellate District affirmed the trial court’s judgment of dismissal. The court held that Plaintiffs lack standing to challenge civil code section 3333.2 and Business and Professions Code Section 6146. Further, the court held that the heirs do not have standing because the heir’s alleged injuries are insufficient to confer upon them standing to challenge the statutes in question. Moreover, the court could not conclude Plaintiffs will suffer hardship if declaratory relief is withheld. View "Dominguez v. Bonta" on Justia Law

In November 2015, while hospitalized at Fremont, an acute psychiatric facility, McGovern was assaulted by another patient. In March 2016, McGovern’s attorney sent Fremont a letter, requesting that Fremont preserve evidence, and stating that counsel would be gathering more information and would present Fremont’s insurance carrier with a pre-litigation demand. It requested that Fremont place its carrier on notice. On October 27, 2016, McGovern’s counsel sent Fremont a Notice of Intent to Commence Action For Medical Negligence Pursuant to Code of Civil Procedure 364, which requires that a plaintiff give a healthcare provider 90 days’ notice before commencing an action for professional negligence. Subsection (d) tolls the limitations period for 90 days if the notice is served on the defendant within the last 90 days of the applicable statute of limitations. which expired on November 7, 2016, in McGovern's case.McGovern filed suit on January 20, 2017. The trial court granted Fremont summary adjudication, finding that the March letter constituted a section 364 notice. so the complaint was not timely filed, and McGovern failed to establish a triable issue of fact as to neglect under Welfare & Institutions Code 15610.57. The court of appeal reversed. The March letter lacked the requisite elements for section 364 compliance and was not a notice of intent. McGovern’s professional negligence causes of action are not time-barred, The court also reversed an order quashing a subpoena for the assailant’s mental health records. View "McGovern v. BHC Fremont Hospital, Inc." on Justia Law

Appellee Linda Reibenstein undisputedly brought her claims against Appellant Patrick Conaboy, M.D., after the two-year period had run, and the death certificate undisputedly and correctly noted the medical cause of Reibenstein’s decedent’s death. The trial court ruled that the phrase “cause of death” referred specifically and only to the direct medical cause of death. Accordingly, it granted summary judgment to Dr. Conaboy under Section 513(d) of the Medical Care Availability and Reduction of Error Act (“MCARE”). The Superior Court reversed, interpreting “cause of death” more broadly to encompass considerations associated with the manner of death (i.e., legal cause). The Pennsylvania Supreme Court held that MCARE’s tolling provision could not bear the breadth of that reading, and reversed. View "Reibenstein v. Barax" on Justia Law

Four years after appellant-plaintiff Charlie Price filed a medical negligence/wrongful death action because his wife died from a stroke following surgery, the trial court dismissed the case for failure to prosecute. Price moved for new trial arguing that he was denied due process because he was not given adequate notice of the hearing which resulted in the trial court's dismissal of his lawsuit. The trial court denied the motion for new trial, and the Court of Civil Appeals affirmed the trial court. After its review, the Oklahoma Supreme Court held that because plaintiff was not afforded adequate notice of the hearing in which the trial court dismissed the case, due process required that the dismissal be vacated. View "Price v. Zhang" on Justia Law

The parties to this appeal were: (1) plaintiffs in 20 separate medical malpractice lawsuits filed against two doctors and a medical spa; and (2) defendants in those lawsuits (i.e., the two doctors and the medical spa). Plaintiffs and Defendants resolved the underlying lawsuits by entering into a global settlement agreement pursuant to which Defendants agreed to pay Plaintiffs $575,000 in two installments. If the installments were not paid on time, liquidated damages would be assessed at the rate of $50,000 per month and $1,644 per day, up to a cap of $1.5 million. When Defendants failed to pay either installment, Plaintiffs moved to enforce the settlement agreement, including the liquidated damages provision. Defendants opposed the motion, arguing the liquidated damages provision was unreasonable and thus invalid pursuant to California Civil Code section 1671(b). The trial court found Defendants failed to establish the provision was unreasonable under the circumstances, and it entered judgment against Defendants in the amount of $1,393,084 (the settlement amount of $575,000 plus $818,084 in liquidated damages). Defendants appealed, but finding no reversible error, the Court of Appeal affirmed. View "Gormley v. Gonzalez" on Justia Law

Premier Plastic Surgery, P.C. ("Premier") petitioned the Alabama Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to vacate its order denying Premier's motion for a change of venue in this medical-malpractice action brought by plaintiff Deborah Bush, and to enter an order transferring the action to the Shelby Circuit Court. Premier offered cosmetic and reconstructive surgery at its medical facility located in Shelby County. Bush went to Premier's medical facility to receive a consultation from Dr. Peter Van Hoy. It is undisputed that all of Bush's treatment by Dr. Van Hoy occurred at Premier's medical facility. In December 2017, Dr. Van Hoy died. Because he was Premier's sole shareholder, director, and owner, Premier was dissolved in September 2018. In June 2019, Bush filed suit at the Jefferson Circuit Court relating to her surgical procedure and treatment by Dr. Van Hoy. Bush's complaint also alleged that she was a resident of Jefferson County. Premier denied all allegations and argued that because the surgical procedure and treatment at issue in Bush's action occurred at Premier's medical facility in Shelby County, venue was proper in Shelby County. In her response to Premier's motion, Bush did not dispute that Shelby County was the proper venue for the action. Instead, she argued that because Premier's motion was filed almost three years after the litigation began and only three weeks before the scheduled trial, the motion cannot be deemed timely. The Supreme Court concurred that Premier's challenge to venue had been waived and denied the petition for mandamus relief. View "Ex parte Premier Plastic Surgery, P.C." on Justia Law

The jury in this medical malpractice case awarded plaintiff Karen Cowher a lump sum amount of damages under the Pennsylvania Survival Act, and did not itemize the amount of pain and suffering damages or other components of its aggregate award. The Superior Court granted the defendants Dr. Sobhan Kodali, St. Luke’s University Health Network, and St. Luke’s Cardiology Associates a new trial on survival damages based on their claim the admission of plaintiff’s expert opinion testimony on pain and suffering was erroneous. The narrow question the Pennsylvania Supreme Court addressed in this appeal was whether defendants waived their right to a new trial under the general verdict rule. This rule applies and mandates waiver when a general verdict rests upon both valid and invalid grounds, and the litigant challenging the verdict failed to request a special verdict slip that would have clarified the basis for the verdict. The Supreme Court concluded these were the circumstances here. Accordingly, the Supreme Court held defendants waived a new trial under the general verdict rule and reversed the Superior Court’s order for a new trial. View "Estate of Cowher. v. Kodali, et al" on Justia Law

Appellant is a severely disabled child whose congenital abnormalities went undetected during his mother’s pregnancy until after viability. Appellant sued various medical providers for wrongful life, settling with one in 2018. The California Department of Health Care Services (DHCS) asserted a lien on Appellant's settlement to recover what DHCS paid for Appellant's care. The trial court awarded DHCS the full amount of the lien and Appellant appealed.The Second Appellate District reversed. Although the court rejected Appellant's claim that the DHCS lien is preempted by federal law and that there is no substantial evidence that Appellant's settlement included payments for past medical expenses, the Second Appellate District found that the trial court erred by failing to distinguish between past medical expenses and other damages. View "Daniel C. v. White Memorial Medical Center" on Justia Law

On November 4, 2016, Kernan had an External Cephalic Version (ECV) procedure to rotate her healthy 39-week fetus from a breech position. The hospital recorded the ECV as successful. Post-procedure fetal monitoring was “reassuring.” The next day, Kernan could not detect fetal movement and returned to the hospital. After an ultrasound, doctors informed Kernan that she had suffered an intrauterine fetal demise and that they could not determine the cause of death. They noted that nothing in the literature linked ECV with fetal demise. Kernan delivered a stillborn baby on November 7. The delivery doctor, Vargas, told Kernan that he could not see any indicators as to why Kernan’s baby died. Kernan eventually ordered an autopsy. After months of delay due to Dr. Vargas not responding to Kernan’s requests to review the autopsy report with her, Kernan met with Dr. Kerns on July 10, 2017, and learned that doctors had discussed her case during a morbidity and mortality conference. Kernan claims she first became subjectively suspicious of medical negligence during that meeting. On November 6, 2017, Kernan served notice of her intention to file suit. Within 90 days, she filed her negligence complaint.The court rejected the suit as time-barred under Code of Civil Procedure 340.5’s one-year limitations period. The court of appeal reversed. The hospital’s records demonstrate that reasonable minds could differ as to whether Kernan should have suspected negligent performance of the ECV on November 5, 2016. View "Kernan v. Regents of the University of California" on Justia Law

Jana Mortensen sought treatment from Dr. Jeffrey Baker at The Healing Sanctuary, LLC, after a hysterectomy failed to resolve symptoms for ongoing pelvic pain. Mortensen alleged Dr. Baker prescribed Mortensen a 14-day course of “ozone treatment” to be self-administered intravaginally at home. Mortensen allegedly breathed in ozone gas while administering the treatment, which she alleged caused her permanent pulmonary and cardiac injuries. Mortensen filed a complaint against Dr. Baker and The Healing Sanctuary (collectively “Dr. Baker”), claiming medical malpractice. Dr. Baker moved for summary judgment, arguing that Mortensen could not prove causation. The district court conditionally granted Dr. Baker’s motion for summary judgment after finding Mortensen had not raised a genuine issue of material fact; however, the court gave Mortensen a specified time to secure expert testimony on causation. Mortensen did not comply with the deadline. The district court entered summary judgment, denying Mortensen’s second request for additional time. The district court also denied her motion to reconsider. Mortensen appealed. The Idaho Supreme Court reversed, finding the district court erred in excluding certain statements. As a result, Dr. Baker was not entitled to summary judgment because the excluded testimony created a genuine issue of material fact. View "Mortensen v. Baker" on Justia Law