Justia Medical Malpractice Opinion Summaries

Plaintiff gave birth to Child at Hospital. Complications arose prior to and after Child's delivery, leading to problems with Child's brain development. Plaintiff, individually and on behalf of Child, later sued the doctor who delivered Child and Hospital. Plaintiff subsequently settled her claims with the doctor. The district court granted summary judgment to Hospital on all of Plaintiff's claims. This appeal arose out of pre-trial rulings made by the district court in Plaintiff's litigation with Hospital. The Supreme Court affirmed, holding that the district court did not err in (1) extending discovery deadlines; (2) granting summary judgment to Hospital on Plaintiff's agency claims; (3) granting summary judgment to Hospital on Plaintiff's Consumer Protection Act Claim; (4) granting summary judgment to Hospital on Plaintiff's joint venture claim; and (5) granting summary judgment to Hospital on Plaintiff's negligent credentialing claim. View "Brookins v. Mote" on Justia Law

This appeal involved three rulings in a medical-malpractice trial. Appellee suffered a stroke during brain surgery performed at Appellant, the Cleveland Clinic. Appellee sued the clinic, claiming its surgeon had struck a ventricle, thus causing the stroke. A verdict was entered for the clinic. The court of appeals found the trial court abused its discretion in (1) allowing the clinic to use demonstrative evidence recreating the surgery that was provided to Appellee's counsel ten minutes before the expert using it testified; (2) ordering counsel for Branch not to argue an inference that because the best piece of evidence was not saved, it must have been adverse to the clinic; and (3) instructing the jury that evidence of alternative medical approaches was not evidence of negligence. the Supreme Court reversed the judgment of the court of appeals and reinstated the jury verdict for the clinic, holding that the trial court did not abuse its discretion in any of the rulings at issue. View "Branch v. Cleveland Clinic Found." on Justia Law

Katherine Beehler-Goodson was the mother of minor children E.G. and R.G., the wife of Plaintiff Robert Goodson, and the sister of Plaintiff Tony Beehler. While Katherine was undergoing a myelogram, bacteria were introduced into her cerebrospinal fluid, resulting in a meningitis infection, which caused her death. Plaintiffs filed a medical malpractice claim against Eastern Radiological Associates; Dr. Anne Giuliano, the radiologist who performed the myelogram; and St. Vincent Healthcare, alleging that Dr. Giuliano negligently failed to wear a mask during the myelogram, which resulted in bacteria traveling from Dr. Giuliano's uncovered mouth into Katherine's spinal column. The district court granted summary judgment for Defendants, finding (1) Plaintiff's proposed expert witness, Dr. Patrick Joseph, was not qualified to offer expert testimony on the applicable standards of care, breach, or causation; and (2) without Dr. Joseph's expert testimony, Plaintiffs lacked the necessary expert witness to establish the elements of medical negligence. The Supreme Court reversed and remanded, holding that the court abused its discretion by excluding Dr. Joseph's testimony on the applicable standards of care and causation. View "Beehler v. E. Radiological Assocs., P.C." on Justia Law

At age four, B.O. was diagnosed with a mild form of cerebral palsy called spastic diplegia. Subsequently, his parents filed a complaint under the Indiana Medical Malpractice Act, claiming that the healthcare providers who attended B.O.'s birth were negligent. Shortly before trial, B.O.'s healthcare providers settled for a sum allowing B.O. to seek excess damages from the Indiana Patients Compensation Fund (PCF). B.O.'s parents then filed a petition for excess damages, after which the PCF disclosed five expert witnesses prepared to testify either that B.O. did not have spastic diplegia or that if he did, it did not result from the conduct of the healthcare providers at his birth. The parents then sought partial summary judgment seeking to limit the issue at trial, which the trial court granted. The Supreme Court affirmed, holding that the PCF was precluded from disputing the existence or cause of B.O.'s claimed injury under Ind. Code 34-18-15-3(5). View "Robertson v. B.O." on Justia Law

This case interpreted Ky. Rev. Stat. 620.050, which provides civil and criminal immunity to the reporters of suspected child dependency, neglect, and abuse. On the basis of that immunity, the circuit court granted summary judgment in favor of Appellants, Norton Hospitals, Neonatal Intensive Care Experts II, and Dr. Ketan Mehta, in a civil suit filed by Brandi Peyton for medical malpractice, negligence, and emotional distress, among other claims. Peyton alleged negligence in generating, interpreting, and reporting toxicology reports that showed Peyton had a high blood alcohol concentration the evening before giving birth to a baby. The court of appeals reversed, opining that a genuine issue of material fact existed as to who initiated the toxicology screening, which, in the court's view, affected the availability of immunity under sections 620.050(1) and 620.050(14). The Supreme Court reversed the court of appeals, holding (1) the trial court did not err in finding that there was no issue of material fact as to whether Appellants acted in good faith under Ky. Rev. Stat. 620.030 in reporting the toxicology reports; and (2) Appellants were therefore entitled to immunity under section 620.050(1) as a matter of law. Remanded. View "Norton Hosps., Inc. v. Peyton" on Justia Law

Appellant filed a medical negligence and wrongful death lawsuit against Hospital after Appellant's husband, who had been admitted to a psychiatric unit in Hospital where suicide precautions were taken, hung himself and died. The circuit court court ordered the disclosure of various documents that Hospital claimed were protected by the attorney-client privilege. The court of appeals found the documents were privileged and granted Hospital's requested writ of prohibition stopping the circuit court from order the disclosure of the documents. The Supreme Court reversed the court of appeals' order, holding that the writ was erroneously granted, as Hospital failed to show that the privilege applied. View "Collins v. Circuit Court" on Justia Law

This was an appeal after summary judgment in a medical malpractice action. A kidney donor brought suit after his donated kidney was rendered useless by allegedly negligent medical treatment provided to the donee. At issue was whether a duty of care is owed to a kidney donor by the physicians providing posttransplant treatment to the donee. The district court granted summary judgment in favor of the physicians. The Supreme Court affirmed, holding that, in this instance, a physician does not owe a duty of care to a kidney donor during the posttransplant treatment and care of the donee, and therefore, the district court did not err in granting summary judgment to the defendants. View "Olson v. Wrenshall" on Justia Law

Plaintiff underwent several medical procedures performed by Defendants, two medical doctors. Two years and three months after the treatment ended, Plaintiff filed a medical malpractice claim against Defendants. Upon a motion by Dr. Grigsby, one of the doctors, the district court dismissed Plaintiff's claim, finding that the claim was barred by the two-year statute of limitations. The court of appeals reversed. The Supreme Court affirmed but on different grounds, holding (1) the court of appeals correctly found that, as a matter of law, Dr. Grigsby failed to show Plaintiff filed her claim more than two years after she discovered or should have discovered her legal injury; but (2) when a plaintiff alleges a course of negligent treatment, a defendant may show that the claim is barred by the two-year statute of limitations without identifying the specific procedure within the course of treatment that caused the patient's injury. Rather, to prevail, a defendant need only show that the plaintiff filed her claim more than two years after she discovered that the course of treatment was negligent. Remanded. View "Arnold v. Grigsby" on Justia Law

Appellants, several individuals and the administratrix of the estate of Arvilla Langston, filed a medical-malpractice action against Appellees, Sparks Regional Medical Center (SRMC) and Sparks Medical Foundation, alleging that Langston died as the result of SRMC's alleged failure to properly care for, diagnose, and treat Langston. Appellees filed an amended answer, and the circuit court dismissed the case on the grounds of charitable immunity. The Supreme Court reversed, holding that the circuit court erred in failing to strike the amended answer. On remand, the circuit court granted summary judgment to Appellees. Appellants subsequently filed an amended complaint attempting to raise a pre-death claim not pled in the initial complaint. Appellants filed a motion for reconsideration and new trial. The circuit court denied Appellants' motion for reconsideration and new trial and granted SRMC's motion to strike Appellants' amended complaint. The Supreme Court affirmed the circuit court's ruling, holding (1) the circuit court did not err in granting summary judgment; (2) Appellants' failed to preserve for appeal their argument that the circuit court erred in failing to rule on a loss-of-chance theory of recovery; and (3) the circuit court did not manifestly abuse its discretion in striking Appellants' amended complaint. View "Neal v. Sparks Reg'l Med. Ctr." on Justia Law

Appellant, a medical doctor practicing medicine in Kansas and Missouri, appealed from the district court's order denying her petition to revoke an administrative subpoena issued by the Kansas Board of Healing Arts. The Supreme Court affirmed the district court's determination that Appellant was not required to exhaust administrative remedies before seeking relief from the district court under Kan. Stat. Ann. 65-2839a(b)(3)(B). On the merits of the appeal, the Court affirmed the district court's denial of Appellant's petition based on its conclusion that the Board had authority under the Kansas Healing Arts Act to investigate and subpoena Appellant, a Kansas licensee who was practicing under the Act, even though the investigation was based upon her practice of medicine in Missouri. View "Ryser v. State" on Justia Law