Justia Medical Malpractice Opinion SummariesArticles Posted in Health Care Law
Frame v. Millinocket Reg’l Hosp.
Plaintiff filed an unsworn notice of claim with the superior court pursuant to the Maine Health Security Act (MHSA) alleging that Defendants were negligent in providing her medical care. The statute of limitations on Plaintiff's claim subsequently expired. Thereafter, Plaintiff served her unsworn notice of claim to Defendants. Plaintiff then filed a sworn notice of claim. The superior court subsequently dismissed Plaintiff's unsworn notice of claim on the ground that the defective notice failed to toll the applicable statute of limitations. The Supreme Court vacated the judgment and remanded, holding that Plaintiff should be permitted to amend her notice of claim pursuant to Me. R. Civ. P. 15 and to have the amendment relate back to the original filing date.View "Frame v. Millinocket Reg'l Hosp." on Justia Law
Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc.
Plaintiff filed a healthcare liability suit against several healthcare providers (collectively, Defendants). Defendants moved to dismiss the complaint based on Plaintiff's noncompliance with Tenn. Code Ann. 29-26-121(a)(2)(E), which requires that a plaintiff's pre-suit notice to a healthcare provider include a HIPAA complaint medical authorization in order to permit the healthcare provider to obtain complete medical records from all other providers that are being sent a notice. The trial court denied Defendants' motion, concluding that Plaintiff's noncompliance with section 29-26-121(a)(2)(E) was excused by extraordinary cause. The Supreme Court reversed and dismissed the complaint, holding that Plaintiff was required to substantially comply with section 29-26-121(a)(2)(E), and Plaintiff's failure to comply was not excused by extraordinary cause.View "Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc." on Justia Law
Siopes v. Kaiser Found. Health Plan, Inc.
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