Justia Medical Malpractice Opinion Summaries

David Ray Gunter, who had a mechanical heart valve and required daily anticoagulant medication (Coumadin), was arrested and detained at two North Carolina county jails. During his detention, Gunter did not consistently receive his prescribed medication, missing doses over several days due to failures by the contracted medical provider and jail staff. After his release, he suffered serious medical complications, including blood clots and subsequent surgeries. Gunter alleged these injuries were the result of inadequate medical care during his incarceration.The United States District Court for the Middle District of North Carolina granted summary judgment for defendants on Gunter’s constitutional claims under 42 U.S.C. § 1983, including deliberate indifference and Monell claims, finding insufficient evidence that jail officials or contracted medical providers acted with deliberate indifference or that county policies caused the deprivation. The district court also granted summary judgment to Southern Health Partners, Inc. (SHP) on the medical malpractice claim, finding that Gunter’s expert testimony did not establish a breach of the standard of care by SHP, and excluded expert evidence it found speculative. However, the district court found genuine disputes of fact regarding medical malpractice claims against two individual medical providers, but ultimately found no proximate cause. The district court denied Gunter’s motion to compel deposition of the defendants’ expert as untimely and granted a motion to strike a post-deposition declaration from Gunter’s expert.The United States Court of Appeals for the Fourth Circuit reversed the district court’s dismissal of Gunter’s deliberate indifference claim against the medical provider defendants, the Monell claim against the counties, and the medical malpractice claims against SHP and two medical providers, holding that genuine disputes of material fact remained. The appellate court also reversed the exclusion of certain expert testimony and the grant of the motion to strike, but affirmed the denial of the motion to compel. The case was remanded for further proceedings. View "Swink v. Southern Health Partners Inc." on Justia Law

While incarcerated at a North Carolina state prison in February 2016, Manuel Moreno developed flu-like symptoms and sought medical attention. A nurse examined him and recorded slightly elevated respiration, but otherwise normal vital signs. Dr. Carol Bosholm, the on-duty physician, did not personally examine Moreno but reviewed the nurse’s notes, diagnosed sinus congestion and pharyngitis, and prescribed antibiotics. That same day, several inmates from Moreno’s housing area also reported similar symptoms, and some tested positive for influenza. Dr. Bosholm ordered Moreno and others to be quarantined for seventy-two hours, leaving general instructions for monitoring but no specific orders to check oxygen saturation or respiratory rates. Over the weekend, medical staff made routine rounds, but there is no record that Moreno’s oxygen or respiration were measured, nor that he reported worsening symptoms. By Monday, Moreno’s condition had deteriorated significantly, leading to hospitalization, a seizure, and long-term complications.Moreno filed suit in the United States District Court for the Middle District of North Carolina, alleging state law medical malpractice and gross negligence, as well as a federal claim for deliberate indifference to his serious medical needs under 42 U.S.C. § 1983. The district court excluded his expert’s testimony on the standard of care for the malpractice claim, finding the expert did not meet North Carolina’s requirements for such testimony. At trial, the court granted Dr. Bosholm’s motion for judgment as a matter of law on all claims, concluding Moreno failed to present sufficient evidence of causation, breach of the standard of care, or the heightened culpability required for gross negligence and deliberate indifference.The United States Court of Appeals for the Fourth Circuit affirmed. The court held that Federal Rule of Evidence 601 required application of North Carolina’s expert competency rule for medical malpractice claims, and that Moreno’s expert was properly excluded. The court also found insufficient evidence to support the gross negligence and deliberate indifference claims, upholding judgment for Dr. Bosholm. View "Moreno v. Bosholm" on Justia Law

William Carter, a paraplegic confined to a wheelchair, was arrested for unauthorized use of 911 and spent eight days in the Shreveport City Jail. During his incarceration, Carter, who had pre-existing bedsores, did not receive adequate medical care for his wounds, which allegedly led to their infection and his subsequent hospitalization. Carter's mother, suing on his behalf, filed claims under the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA), 42 U.S.C. § 1983, and Louisiana state negligence law.The United States District Court for the Western District of Louisiana excluded the expert testimony of Dr. Joel Nitzkin before trial. After a jury trial, the court granted the defendants' Rule 50 motion for judgment as a matter of law on the ADA/RA claim, concluding that the claim was about medical treatment rather than an actionable disability claim. The jury returned a verdict for the defendants on the § 1983 and state-law claims.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's judgment, holding that the ADA/RA claim amounted to a complaint about medical negligence, which is not actionable under the ADA. The court found that the failure to change Carter's bandages was a medical treatment issue, not a failure to accommodate under the ADA. Additionally, the court held that Carter's placement in a segregated cell for his safety did not constitute intentional discrimination under the ADA. The court also did not address the exclusion of Dr. Nitzkin's testimony, as it was only relevant to the ADA claims, which failed as a matter of law. The judgment of the district court was affirmed. View "Carter v. City of Shreveport" on Justia Law

A Wisconsin prisoner, Armin Wand III, developed appendicitis in February 2018. He was seen by Nurse Beckey Kramer on February 13, 2018, but she did not diagnose appendicitis at that time. The next day, February 14, she recognized the symptoms and sent him to the hospital for emergency surgery. Wand sued Kramer and other officials, claiming inadequate medical care under the Eighth Amendment and state law negligence for not recognizing his need for emergency care on February 13.The United States District Court for the Western District of Wisconsin denied summary judgment for Kramer and another defendant, allowing the case to proceed to trial. The court recruited an experienced lawyer for Wand, but only for settlement purposes. After settlement efforts failed, the lawyer withdrew, and Wand's subsequent motion for recruitment of another lawyer was denied. The court noted Wand's legal blindness and severe stutter but believed he could represent himself with the court's assistance.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that Wand's trial testimony contradicted his earlier claims, stating he did not report lower right quadrant pain to Kramer on February 13, which was crucial for diagnosing appendicitis. The court concluded that Wand's case was substantively weak and that he had not shown prejudice from the lack of recruited counsel. The court affirmed the district court's judgment in favor of Kramer, holding that Wand did not demonstrate a reasonable likelihood that the presence of counsel would have changed the trial's outcome. View "Wand v. Kramer" on Justia Law

Randy Wiertella died in the Lake County Adult Detention Facility on December 10, 2018. Dennis Wiertella, as the Administrator of Randy's estate, filed a lawsuit claiming that Randy's constitutional rights under the Eighth and Fourteenth Amendments were violated by Jail staff Diane Snow, RN, and Christina Watson, LPN. Randy had been booked into the Jail without his essential medications for heart disease, diabetes, high blood pressure, and a psychiatric disorder. Despite multiple requests, he did not receive all necessary medications, leading to his death from hypertensive cardiovascular disease.The United States District Court for the Northern District of Ohio denied Snow and Watson's motion for summary judgment, which sought dismissal based on qualified immunity. The court found that there were genuine disputes of material fact regarding whether Snow and Watson were aware of the substantial risk to Randy's health and whether they failed to respond reasonably.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that Snow and Watson were not entitled to qualified immunity. The court found that both nurses were aware of Randy's serious medical conditions and the need for continuous medication. Despite this knowledge, they failed to ensure that Randy received his essential medications in a timely manner. The court concluded that their actions were unreasonable and violated Randy's constitutional rights. The court affirmed the district court's decision and remanded the case for further proceedings on the Estate's § 1983 claim. View "Wiertella v. Lake County" on Justia Law

Raymond Tackett, an inmate with the Indiana Department of Corrections (IDOC), suffered from Hepatitis C (HCV) and did not receive direct-acting antivirals (DAAs), a treatment that cures HCV. He died on November 29, 2019, from complications related to HCV. His daughter, Skyler Tackett, as the personal representative of his estate, filed an Eighth Amendment deliberate indifference claim and a state law medical malpractice claim against the medical professionals who treated him, Wexford Health Services, and Dr. Kristen Dauss, the Chief Medical Officer of the IDOC. She later dismissed all claims except the deliberate indifference claim against Dr. Dauss.The United States District Court for the Southern District of Indiana granted summary judgment in favor of Dr. Dauss, finding that she took reasonable steps to expand access to DAAs and was not responsible for the treatment decisions that led to Mr. Tackett’s death. Ms. Tackett appealed the decision.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo and affirmed the district court’s judgment. The court found that Ms. Tackett presented insufficient evidence for a reasonable jury to find Dr. Dauss liable in her individual capacity. The court noted that Mr. Tackett was in a treatment priority group and that Nurse Myers had requested DAAs for him, but there was no evidence that Dr. Dauss’s actions or the IDOC policy prevented him from receiving the treatment. The court concluded that while Mr. Tackett’s death was tragic, there was no evidence that Dr. Dauss’s actions amounted to deliberate indifference under the Eighth Amendment. View "Tackett v Dauss" on Justia Law

Jeremy James Allen, while incarcerated at the Minnesota Correctional Facility in Faribault, filed a complaint against several officials alleging deliberate indifference and medical malpractice related to a hand injury from December 2017. He did not file any grievances with prison officials regarding his injury or medical treatment during his incarceration. Allen's complaint was initially filed in state court and later removed to federal court. After his release from custody, Allen amended his complaint, substituting Charles Brooks and Cheryl Piepho for previously unidentified defendants.The United States District Court for the District of Minnesota granted Allen's unopposed motion to amend his complaint after his release. The defendants moved to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim, but did not initially raise the issue of exhaustion of administrative remedies. The district court denied the motion to dismiss on qualified immunity grounds, finding that Allen plausibly alleged a violation of his Eighth Amendment right to adequate medical care.Brooks and Piepho later raised the failure to exhaust defense in a summary judgment motion, arguing that Allen's original complaint, filed while he was incarcerated, was subject to the Prison Litigation Reform Act (PLRA) exhaustion requirement. The district court denied their motion, ruling that the amended complaint, filed after Allen's release, was not subject to the PLRA's exhaustion requirement and did not relate back to the original complaint under Federal Rule of Civil Procedure 15(c).The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court held that Allen's amended complaint, filed after his release, was the operative complaint and not subject to the PLRA's exhaustion requirement. Additionally, the court found that the amended complaint did not relate back to the original complaint because naming John and Jane Doe defendants did not qualify as a "mistake" under Rule 15(c). View "Allen v. Brooks" on Justia Law

Sandra Jones, representing the estate of her deceased son Antonio Jones, filed a lawsuit under 42 U.S.C. § 1983 and Arkansas state law against Faulkner County, Arkansas, and jail officials Garry Stewart, Karen Grant, and Leanne Dixon. She claimed that the officials exhibited deliberate indifference to Antonio’s serious medical needs, violating his Fourteenth Amendment rights, and that Stewart committed medical malpractice. Jones also alleged that Faulkner County’s policies contributed to Antonio’s death.The United States District Court for the Eastern District of Arkansas granted summary judgment in favor of the defendants. The court found that the jail officials were not deliberately indifferent to Antonio’s medical needs and that Jones could not establish a medical malpractice claim against Stewart due to the absence of a doctor-patient relationship. The court also dismissed the municipal liability claim against Faulkner County, concluding that no jail policy caused Antonio’s death.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court’s decision. The appellate court held that the actions taken by Grant and Dixon did not constitute deliberate indifference. Grant responded to Antonio’s symptoms by placing him on a medical watch and took appropriate actions based on the information available to her at the time. Dixon, who was not a medical professional, followed her superior’s instructions and did not disregard any substantial risk of harm. The court also affirmed the dismissal of the municipal liability claim, as there was no constitutional violation by the county employees. Lastly, the court found no abuse of discretion in the district court’s exercise of supplemental jurisdiction over the state law claim against Stewart. View "Jones v. Faulkner County, Arkansas" on Justia Law

Clover Boykin filed a lawsuit against Greenwood Leflore Hospital (GLH) under 42 U.S.C. § 1983, alleging that GLH intentionally withheld her medical records, preventing her from filing a medical malpractice suit. Boykin claimed that GLH's actions violated her constitutional right of access to the courts. GLH responded with a motion to dismiss, arguing that Boykin's claims failed as a matter of law, the employee was immune from suit, GLH was never served, and the suit was time-barred.The Leflore County Circuit Court denied GLH's motion to dismiss and granted Boykin additional time to serve GLH. GLH then sought an interlocutory appeal, which the Supreme Court of Mississippi granted. Boykin did not file a brief in response to the appeal.The Supreme Court of Mississippi accepted Boykin's failure to file a brief as a confession of error and found that Boykin's claims failed as a matter of law. The court held that HIPAA does not provide a private right of action and that Boykin could not use § 1983 to enforce a federal statute that does not give her an individual right. The court reversed the trial judge's denial of the motion to dismiss and rendered judgment in favor of GLH. View "Greenwood Leflore Hospital v. Boykin" on Justia Law

Clarence Lewis, an inmate at Hill Correctional Center, sued various medical staff members, alleging they were deliberately indifferent to his health issues, violating the Eighth Amendment. Lewis claimed misdiagnosis and mistreatment of diabetes, COPD, irritable bowel syndrome, and Hepatitis C. He also contended that his grievance about a delay in diabetes medication was not properly addressed.The United States District Court for the Central District of Illinois denied Lewis's motions for recruited counsel, stating he could represent himself and obtain relevant documents. The court granted summary judgment in favor of Dr. Sood, Dr. Bautista, Nurse Vollmer, and Administrator Lindor, concluding no reasonable juror could find deliberate indifference. The court also granted summary judgment for Dr. Paul, citing claim splitting due to a similar prior lawsuit.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the judgment in favor of Dr. Sood, Dr. Bautista, Nurse Vollmer, and Administrator Lindor, finding no reasonable likelihood that recruited counsel would have changed the outcome. The court noted that Lewis's disagreement with his diagnoses and treatments did not constitute deliberate indifference. As for Administrator Lindor, her limited role and the lack of harm from the medication delay further supported the judgment.However, the court vacated the judgment in favor of Dr. Paul, agreeing with Lewis that the district court's application of claim splitting was erroneous. Dr. Paul had raised this defense too late, effectively acquiescing to the claim. The case was remanded for further proceedings regarding Dr. Paul, with the district court advised to reconsider Lewis's request for recruited counsel if the claim proceeds to trial. View "Lewis v Sood" on Justia Law