Justia Medical Malpractice Opinion Summaries

While being held in Saginaw County Jail on a misdemeanor charge relating to failure to pay court fines, Rouster succumbed to sepsis and died as a result of a perforated duodenal ulcer. Before his death, he had complained of stomach pain, engaged in bizarre behaviors indicative of mental-health problems, and displayed signs of agitation. His estate, brought suit under 42 U.S.C. 1983 against the medical staff members who interacted with Rouster during the final 36 hours of his life, alleging that they were deliberately indifferent to his medical needs. Experts agreed that prompt medical attention could have saved his life and that Rouster received substandard care. The district court entered summary judgment for the defendants. The Sixth Circuit affirmed, reasoning that it could not conclude that the medical staff became aware of Rouster’s serious medical need and deliberately refused to provide appropriate treatment.View "Rouster v. Saginaw Cnty." on Justia Law

Volkman, an M.D. and a Ph.D. in pharmacology from University of Chicago, was board-certified in emergency medicine and a “diplomat” of the American Academy of Pain Management. Following lawsuits, he had no malpractice insurance and no job. Hired by Tri-State, a cash-only clinic with 18-20 patients per day, he was paid $5,000 to $5,500 per week. After a few months, pharmacies refused to fill his prescriptions, citing improper dosing. Volkman opened a dispensary in the clinic. The Ohio Board of Pharmacy issued a license, although a Glock was found in the safe where the drugs were stored. Follow-up inspections disclosed poorly maintained dispensary logs; that no licensed physician or pharmacist oversaw the actual dispensing process; and lax security of the drug safe. Patients returned unmarked and intermixed medication. The dispensary did a heavy business in oxycodone. A federal investigation revealed a chaotic environment. Cup filled with urine were scattered on the floor. The clinic lacked essential equipment. Pills were strewn throughout the premises. Months later, the owners fired Volkman, so he opened his own shop. Twelve of Volkman’s patients died. Volkman and the Tri-State owners were charged with conspiring to unlawfully distribute a controlled substance, 21 U.S.C. 841(a)(1); maintaining a drug-involved premises, 21 U.S.C. 856(a)(1); unlawful distribution of a controlled substance leading to death, 21 U.S.C. 841(a)(1) and 841(b)(1)(C), and possession of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 24(c)(1) and (2). The owners accepted plea agreements and testified against Volkman, leading to his conviction on most counts, and a sentence of four consecutive terms of life imprisonment. The Sixth Circuit affirmed. View "United States v. Volkman" on Justia Law

Inmate Santiago, complaining of severe pain and a rash, was seen by Dr.Mosher on January 31. Mosher prescribed Tylenol for pain and antibiotics to treat what she thought might be Methicillin-resistant Staphylococcus aureus (MRSA). The next day Dr. Ringle diagnosed erythema nodosum (EN), an uncomfortable but non-dangerous skin inflammation that typically disappears in about six weeks but may recur. EN has no known cure. Ringle prescribed an anti-inflammatory and an antibiotic. Four days later, Santiago was transferred to OSU Medical Center, where he was diagnosed with EN and arthralgias, a severe joint-pain condition, and prescribed an anti-ulcer agent and a different anti-inflammatory. Santiago was seen on February 20 by an OSU dermatologist, who recommended a topical steroid, compression hose, and SSKI, which may help treat EN but is not standard treatment. Each day, February 22- 25, Santiago asked prison nursing staff about the treatments. Staff denied knowledge until, on the 25th, nurses found Santiago’s unsigned chart on Ringle’s desk. Ringle had been on vacation. Mosher signed the order on February 27. Santiago received the topical steroid on February 29 and compression stockings on March 10. Santiago waited longer for the SSKI, which is a non-formulary drug. The district court rejected Santiago’s suit (42 U.S.C. 1983) based on the delays. The Sixth Circuit affirmed. Santiago did not prove that the delay caused a serious medical need or deliberate indifference.View "Santiago v. Ringle" on Justia Law

Patient received medical treatment from Nurse at Medical Clinic. Nurse prescribed Patient at least six medications. With all of these drugs in his system, Patient shot and killed his wife. Patient subsequently pled guilty to aggravated murder. Patient's children (Plaintiffs) filed suit through their conservator against Nurse, her consulting physician, and Medical Clinic (collectively Defendants), alleging negligence in the prescription of the medications that caused Patient's violent outburst and his wife's death. The district court granted Defendants' motion to dismiss, concluding that Nurse owed no duty of care to Plaintiffs because no patient-health care provider relationship existed at the time of the underlying events between Plaintiffs and Defendants. The Supreme Court reversed, holding that healthcare providers owe nonpatients a duty to exercise reasonable care in the affirmative act of prescribing medications that pose a risk of injury to third parties. View "Jeffs v. West" on Justia Law

Defendant, a medical doctor, was convicted of distributing fentanyl, a Schedule II narcotic controlled substance, 21 U.S.C. 841(a)(1) and obtaining morphine by misrepresentation, fraud, and deception, 21 U.S.C. 843(a)(3) and was sentenced to 48 months. The Seventh Circuit affirmed.The government was not required to present expert testimony, in light of overwhelming evidence of defendant's unprecedented and undocumented prescriptions of profoundly addicting and potent painkillers, which he personally administered in multiple, private houses and hotel rooms The district court properly enhanced his sentence for obstruction of justice because defendant lied to the U.S. Drug Enforcement Administration agents.View "United States v. Pellmann" on Justia Law

The Court of Appeals held that Victor Bruscato was entitled to continue pursing a claim for medical malpractice against his psychiatrist, Dr. Derek O'Brien, based at least in part on an agreement that Bruscato brutally killed his mother as a result of deficient psychiatric treatment from O'Brien. Following the murder, Bruscato brought a malpractice claim against O'Brien and the trial court granted summary judgment for O'Brien, ruling that, among other things, public policy would not allow Bruscato to benefit from his wrongdoings. The Court of Appeals reversed and this court subsequently granted certiorari to determine whether the Court of Appeals properly ruled that Bruscato's claim for damages was not barred by Georgia public policy. After reviewing the case, the court held that the public policy issues were correctly examined and determined by the Court of Appeals and generally adopted the Court of Appeals' analysis where an individual's psychiatric disorder prevented him from exercising a reasonable degree of care to prevent himself from taking improper and illegal actions. In this case, a question of fact remained as to whether Bruscato knowingly committed a wrongful act because there was considerable question regarding his sanity and competency at the time the wrongful act was committed. As of this time, it could not be said that, should Bruscato's claim against O'Brien be successful, he might profit from knowingly committing a wrongful act. Thus, O'Brien's motion for summary judgment based on such an argument could not succeed. Moreover, Bruscato's lawsuit was not wholly related to his act of murder and it was not wholly designed to profit from that act where Bruscato was seeking damages from the allegedly improper treatment he received from O'Brien. Accordingly, the judgment of the Court of Appeals was affirmed. View "O'Brien v. Bruscato" on Justia Law