Justia Medical Malpractice Opinion Summaries

A patient underwent a gallbladder removal surgery in Idaho Falls in 2019, performed by a board-certified general surgeon. The patient alleged that the procedure resulted in severe complications, including organ lacerations and emergency transport for further care. He claimed that the surgeon’s actions fell below the applicable community standard of care and filed a medical malpractice lawsuit. To support his claim, the patient sought to present testimony from an out-of-area, board-certified medical expert, who stated he had familiarized himself with the local standard of care by consulting a local surgeon practicing in the Idaho Falls/Pocatello area.The Seventh Judicial District Court of Idaho, Bonneville County, reviewed the affidavits submitted by the out-of-area expert. The court struck both the original and amended affidavits, finding that neither sufficiently demonstrated the expert’s foundation to testify regarding the community standard of care. The affidavits lacked specific information about the local surgeon’s familiarity with the Idaho Falls community standard and did not establish whether Idaho Falls and Pocatello were overlapping medical communities. As a result, the court granted summary judgment in favor of the defendant surgeon, concluding that the plaintiff had not presented admissible evidence on a necessary element of his claim. The court also awarded the defendant costs under Idaho Rule of Civil Procedure 54(d).The Supreme Court of the State of Idaho affirmed the district court’s rulings. It held that Idaho law requires out-of-area experts to demonstrate actual knowledge of the community standard of care, including showing how they became familiar with it, and that board-certified physicians are not automatically subject to a national standard. The court found the affidavits insufficient and upheld the grant of summary judgment and the award of costs to the defendant. The court also denied the plaintiff’s request for attorney fees on appeal. View "HEATH v. OLAVESON" on Justia Law

A woman experiencing severe back pain visited the emergency department at a hospital in Pocatello, Idaho, where she was treated by a physician assistant under the supervision of an emergency medicine physician. She received pain medications, including a transdermal fentanyl patch. After being discharged and returning to the hospital the next day, she was again treated and had another fentanyl patch administered. Subsequently, her orthopedic surgeon prescribed additional fentanyl patches to manage her pain. Her husband applied two more patches at home as instructed. The woman died several days later, with her death certificate listing respiratory depression and acute fentanyl intoxication as causes.The woman’s family filed a medical malpractice lawsuit in Idaho’s Sixth Judicial District Court against the hospital, the emergency department providers, the orthopedic surgeon, and others, alleging negligent treatment and failure to obtain informed consent. The defendants requested disclosure of the identities of any non-testifying local experts consulted by the plaintiffs’ out-of-state expert witnesses regarding the local standard of care. The plaintiffs refused, citing concerns for the consultants’ professional standing, and sought a protective order, which was denied. The district court struck the plaintiffs’ expert witnesses for failing to timely disclose the local consultants, and then granted summary judgment to the defendants, finding the plaintiffs could not prove breach of the standard of care or causation.On appeal, the Supreme Court of the State of Idaho affirmed the district court’s decision to strike the expert witnesses for discovery violations, holding that Idaho law requires disclosure of non-testifying local standard-of-care experts, regardless of the degree of reliance by testifying experts. However, the Supreme Court reversed the district court’s summary judgment on causation, holding that plaintiffs need only show the general risk of harm was foreseeable, not the specific mechanism of injury. The case was remanded for further proceedings against the hospital on the remaining negligence claim. The Court also awarded partial attorney fees to certain defendants for defending an aspect of the appeal deemed frivolous. View "Hartman v. Pocatello Hospital" on Justia Law

The plaintiffs, Kandi Terry-Smith and Roy A. Smith, Jr., filed a complaint against Mountain View Hospital (MVH) and Idaho Falls Community Hospital (IFCH) alleging medical malpractice after Kandi suffered an injury while a patient at MVH. The complaint was filed on March 11, 2022, and a second, identical complaint was filed on September 8, 2022. The first case was dismissed for inactivity, but the district court granted an extension for service of process. The process server, Tony Mares, filed an affidavit claiming he served MVH, but deficiencies were later found.In the district court, MVH moved to dismiss the second case as time-barred and the first case for insufficient service of process. The district court denied the Smiths' motion to consolidate the cases and dismissed the second case. The district court granted MVH’s motion to dismiss the first case for insufficient service of process, finding that the Smiths failed to properly serve MVH. The Smiths' subsequent motions for reconsideration, to amend the complaint, and for additional extensions were denied. The district court also denied the Smiths' I.R.C.P. 60(b) motion for relief from the order denying reconsideration and judgment.The Idaho Court of Appeals reviewed the case and affirmed the district court’s judgment. The court held that the Smiths failed to show good cause for the failure to timely serve MVH and did not exercise due diligence. The court also found no excusable neglect and determined that the Smiths' attorney's reliance on the process server’s affidavit was unreasonable. The court denied MVH’s request for attorney fees in the district court due to the lack of a cross-appeal but granted attorney fees and costs on appeal, finding the Smiths' appeal frivolous and without foundation. View "Smith v. Mountain View Hospital, LLC" on Justia Law

Jon and Shawna Hill, along with their children, filed a medical malpractice lawsuit against Dr. Stuart Clive and his employer, Emergency Medicine of Idaho, P.A. (EMI), alleging that Clive misdiagnosed Jon Hill with vertigo when he was actually suffering from a stroke. This misdiagnosis led to severe physical and cognitive impairments for Jon Hill. The Hills claimed negligence, gross negligence, reckless misconduct, and respondeat superior liability. The district court dismissed the children's claims, ruling that Idaho does not recognize a claim for loss of parental consortium. The jury found in favor of EMI and Clive, and the district court denied the Hills' motion for a new trial based on alleged juror misconduct.The Hills appealed the district court's dismissal of their children's claims, two evidentiary rulings, and the denial of their motion for a new trial. The Idaho Supreme Court affirmed the dismissal of the children's claims, agreeing that Idaho law does not recognize a claim for loss of parental consortium for non-fatal injuries. The court noted that creating such a cause of action involves significant policy considerations best left to the legislature.The Idaho Supreme Court reversed the district court's decision to allow expert testimony on "hindsight bias" by EMI's expert, Dr. Opeolu M. Adeoye, finding it irrelevant and prejudicial. The court held that this error affected the Hills' substantial rights, as the testimony improperly endorsed EMI's theme of hindsight bias, potentially influencing the jury's decision. Consequently, the judgment in favor of EMI and Clive was vacated, and the case was remanded for a new trial. The court did not address the Hills' other issues on appeal due to the remand. EMI's request for attorney fees on appeal was denied, as they were not the prevailing party. View "Hill v. Emergency Medicine of Idaho, P.A." on Justia Law

Julene and William Dodd sued their attorney, Rory Jones, for legal malpractice after he missed the statute of limitations deadline for filing their medical malpractice lawsuit. The Dodds needed to prove that their original medical malpractice case had merit and that they would have won if Jones had filed on time. However, the district court struck the testimony of the Dodds’ experts, which was key to establishing the viability of their medical malpractice claim. The court found that the disclosures were untimely and that the experts failed to properly establish knowledge of the local standard of care, a foundational requirement of Idaho law. As a result, the Dodds’ legal malpractice claim was dismissed, and the court granted summary judgment in favor of Jones.The Dodds appealed to the Supreme Court of Idaho, arguing that the district court erred by ruling that Jones was not judicially estopped from arguing that no medical malpractice occurred and by excluding their expert testimony. They also raised claims of judicial bias. The Supreme Court of Idaho found that Jones could not be judicially estopped from claiming that no medical malpractice occurred because he was not a party in the original medical malpractice case but was representing the Dodds. The court also upheld the district court’s exclusion of the Dodds’ expert testimony, finding that the experts did not demonstrate familiarity with the local standard of care in Nampa, Idaho, at the time of the alleged malpractice.The Supreme Court of Idaho affirmed the district court’s judgment, concluding that the Dodds failed to establish an essential element of their legal malpractice case. The court also awarded attorney fees to Jones under Idaho Appellate Rule 11.2, finding that the appeal was pursued frivolously and without foundation, and sanctioned the Dodds’ attorney, Angelo Rosa, for his conduct during the appeal. View "Dodd v. Jones" on Justia Law

Roberta Evans underwent a total hip replacement surgery performed by Dr. Mark B. Wright at St. Luke’s Magic Valley Regional Medical Center. Post-surgery, Evans experienced persistent pain and discomfort, which led her to seek a second opinion. Another doctor confirmed that her hip bone socket was abnormally anteverted, and subsequent revision surgery revealed a periprosthetic joint infection. Evans filed a lawsuit against Dr. Wright and St. Luke’s, alleging negligence in their follow-up care and treatment.The District Court of the Fifth Judicial District of Idaho dismissed Evans’s case, ruling that her claim was barred by the two-year statute of limitations under Idaho Code section 5-219(4). The court found that Evans’s surgical complications were objectively ascertainable by March 4, 2019, indicating that some damage was present. Her motion for reconsideration was denied.The Supreme Court of Idaho affirmed the district court’s decision. The court held that Evans’s medical malpractice claim was time-barred, as the statute of limitations began when her symptoms indicated some damage, which was before April 6, 2019. The court also found that the district court did not err in dismissing Evans’s complaint and that her equitable estoppel argument was without merit. The court denied attorney fees to both parties but awarded costs to Dr. Wright and St. Luke’s as the prevailing parties. View "Evans v. Wright" on Justia Law

Jessica Wiseman and her children sued Dr. Nathan Rencher and others for the wrongful death of Eric Wiseman, alleging medical malpractice and gross negligence. Rencher, the only defendant subject to Idaho's prelitigation screening panel requirement, moved for summary judgment, arguing that the Wisemans failed to comply with this requirement. He supported his motion with the panel’s advisory decision, filed under seal. The district court granted Rencher’s motion, concluding that the Wisemans did not meet the prelitigation requirement based on the advisory decision. The Wisemans also sought to disqualify the district judge, which was denied.The district court, part of the Seventh Judicial District of Idaho, ruled that the advisory decision could be considered to determine compliance with the prelitigation requirement. The court found the statutes ambiguous and concluded that they allowed limited review of the advisory decision. The court also ruled that the statutes controlled over conflicting Idaho Rules of Evidence. Consequently, the district court granted summary judgment in favor of Rencher, finding no genuine issue of material fact regarding the Wisemans' compliance with the prelitigation requirement.The Supreme Court of Idaho reversed the district court’s decision, holding that the prelitigation screening statutes unequivocally precluded judicial review of the advisory decision for any purpose. The court emphasized that the statutes clearly stated there should be no judicial review and that parties should not be affected by the panel’s conclusions. The Supreme Court remanded the case for further proceedings. Additionally, the court declined to disqualify the district judge on remand, distinguishing this case from precedent and finding no appearance of bias. Neither party was awarded attorney fees on appeal, as both prevailed in part. View "Wiseman v. Rencher" on Justia Law

The Supreme Court of the State of Idaho affirmed the judgment of the District Court of the Third Judicial District of the State of Idaho, Washington County, in a medical malpractice action brought by Vivian Nipper against Dr. Lore Wootton, M.D., Dr. Robert Mairs, D.O., and the Weiser Memorial Hospital District. Nipper alleged that she was injured during the delivery of her child via a cesarean section when Dr. Wootton negligently cut her bladder, causing significant damage. Dr. Mairs was called to assist in repairing the injury, but Nipper alleged his efforts also fell below the standard of care.After a significant period of discovery, both Dr. Wootton and Dr. Mairs moved for summary judgment on the claims asserted against them. In response to each motion, Nipper moved for Rule 56(d) relief, requesting additional time to respond. The district court denied both requests for Rule 56(d) relief and granted summary judgment in favor of Dr. Wootton and Dr. Mairs.The Supreme Court affirmed the district court’s denials of Rule 56(d) relief and subsequent grants of summary judgment. The Court found that Nipper failed to provide specific reasons why she could not present essential facts to oppose the summary judgment motion within the allotted timeframes. Further, the Court concluded that Nipper failed to set forth a satisfactory explanation for why, after two years, such essential evidence was not sought earlier. View "Nipper V. Wootton" on Justia Law

In 2018, Terri Richardson Mattson (“Mattson”) and her husband filed this action against the Idaho Department of Health and Welfare, and its employee, Laurie Gallegos, a certified physician assistant (“Defendants”), alleging medical malpractice and failure to obtain informed consent related to outpatient mental health services Mattson received from Defendants. As a part of those services, Gallegos prescribed Mattson Prozac (fluoxetine), an antidepressant. Roughly one month later, the day of her follow up appointment with Gallegos, Mattson woke up, took a firearm from her gun cabinet, went to the liquor store, bought a bottle of vodka, drank the entire bottle while driving to her follow up appointment, and when she arrived in the Department’s parking lot, fired the gun into her head. Mattson survived but suffered extensive injuries. Subsequently, Mattson and her husband filed this action. The district court granted summary judgment to Defendants on two grounds: (1) Defendants were immune from liability under the Idaho Tort Claims Act (“ITCA”) because Mattson’s claims arose out of injuries sustained while she was receiving services from a “mental health center”; and (2) the “reckless, willful and wanton conduct” exception to immunity did not apply as a matter of law. The Idaho Supreme Court affirmed the district court’s decision that Mattson’s and her husband’s claims fell within the purview of the “mental health center, hospital or similar facility” immunity provision in Idaho Code section 6-904A(2). However, the Court reversed the district court’s decision that there was no triable jury question under the “reckless, willful and wanton conduct” exception to immunity. The Supreme Court found Mattson alleged sufficient facts at summary judgment to demonstrate that a reasonable person could find that Defendants’ acts or omissions were “reckless, willful and wanton[.]” Thus, the Court vacated the judgment and remanded this case for further proceedings. View "Mattson v. IDHW" on Justia Law

This case arose from a medical malpractice action involving a partial foot amputation and sentinel lymph node biopsy (“SLNB”). John Beebe was diagnosed with aggressive melanoma on his foot. After his diagnosis, oncology specialists recommended a forefoot amputation and a SLNB. The SLNB involved the removal of a lymph node near John’s stomach to assist the oncologist with staging the cancer. Both procedures were performed at North Idaho Day Surgery, LLC, d/b/a Northwest Specialty Hospital (“NWSH”), after which the removed forefoot was placed into a pathology specimen bag and the lymph node was placed in a specimen cup. Purportedly, both specimens were subsequently placed in a second sealed bag, which was then placed in a locked drop box at NWSH for pickup by Incyte Pathology, Inc. Two days after the surgeries, NWSH received notice from Incyte that the lymph node was missing. NWSH subsequently searched the operating rooms, refrigerators, and the dumpster, but did not find the missing specimen. The Beebes filed a complaint against NWSH for medical malpractice and negligence and against Incyte for simple negligence. They later amended their complaint to add Cheryl’s claim for loss of consortium. The Beebes appealed the jury verdict in favor of NWSH, arguing the district court erred when it granted summary judgment for NWSH and dismissed Cheryl’s loss of consortium claim prior to trial. The Idaho Supree Court vacated the jury verdict because the district court gave a “but for” jury instruction on the issue of proximate cause instead of a “substantial factor” instruction. Further, the Supreme Court reversed and remanded the district court’s grant of summary judgment and dismissal of Cheryl’s loss of consortium claim. View "Beebe v. North Idaho Day Surgery, LLC" on Justia Law