Justia Medical Malpractice Opinion Summaries

The case involves the estate of Penny Ann Simmons, who passed away on July 19, 2018. Dianna Lynn Davenport was appointed as the personal representative of Simmons' estate by the Spencer District Court on September 11, 2018, with the order entered by the Spencer County Clerk on September 21, 2018. Davenport filed a medical malpractice and wrongful death lawsuit against Kindred Hospitals on September 20, 2019. Kindred argued that the lawsuit was filed outside the one-year statute of limitations, which they claimed began when the judge signed the appointment order.The Jefferson Circuit Court granted Kindred's motion for summary judgment, ruling that the lawsuit was indeed filed outside the statute of limitations. The court found that the statute of limitations began when the judge signed the order of appointment, as per KRS 395.105. The Court of Appeals affirmed this decision, referencing its own precedent in Batts v. Illinois Central Railroad Company, but invited the Supreme Court of Kentucky to review the issue.The Supreme Court of Kentucky affirmed the lower courts' decisions. The court held that probate proceedings, including the appointment of a personal representative, are special statutory proceedings. Therefore, the procedural requirements of KRS 395.105, which state that the appointment is effective upon the judge's signing, prevail over the Kentucky Rules of Civil Procedure. The court also clarified that the one-year limitation period for filing claims, as set forth in KRS 413.180(1), begins at the time of the appointment, which is when the judge signs the order. Thus, Davenport's lawsuit was filed outside the permissible time frame, and the summary judgment in favor of Kindred was affirmed. View "DAVENPORT KINDRED HOSPITALS LIMITED PARTNERSHIP" on Justia Law

In 2019, Keith McWhorter and his wife, Carol, filed a lawsuit against Baptist Healthcare System, Inc., alleging medical negligence and loss of consortium. The defendant argued that the plaintiffs failed to file a certificate of merit as required by Kentucky Revised Statutes (KRS) 411.167, a law enacted to reduce meritless lawsuits against medical providers. The trial court dismissed the case with prejudice due to this omission. The plaintiffs appealed, arguing they had complied with the requirements of KRS 411.167(7) and that the defendant had waived the certificate of merit argument by not including it in their initial answer. The Kentucky Court of Appeals affirmed the trial court's dismissal.Upon review, the Supreme Court of Kentucky held that none of the issues the plaintiffs raised were properly preserved for appellate review, as they did not call these errors to the attention of the trial court. However, the court did note that had the claim of compliance under KRS 411.167(7) been properly before the court, they would have held that a plaintiff must file this information with the complaint. As a result, the Supreme Court of Kentucky affirmed the Court of Appeals' decision, dismissing the case with prejudice. View "MCWHORTER V. BAPTIST HEALTHCARE SYSTEM, INC." on Justia Law

In this medical malpractice case, the Supreme Court of Kentucky analyzed KRS 411.167, a law requiring claimants to file a certificate of merit alongside their complaint. The plaintiff, Mario Sanchez, had filed a suit against doctors and the medical facility, but without a certificate of merit. The trial court dismissed the case because Sanchez failed to comply with KRS 411.167. Sanchez appealed, arguing that the certificate requirement only applied to parties representing themselves, and that his responses to the defendant's discovery requests effectively complied with the statute. The Court of Appeals disagreed with Sanchez's interpretation but remanded the case back to the trial court to determine if Sanchez's failure to file a certificate of merit was due to excusable neglect under CR 6.02.The Supreme Court of Kentucky affirmed that KRS 411.167 applies to all claimants, whether represented by counsel or not, and rejected Sanchez's argument that he technically and substantively complied with the statute. The court ruled that strict compliance with the statute was required, rendering the statute effectively meaningless if only substantial compliance was necessary. The court reversed the Court of Appeals' decision to remand the case back to the trial court, stating that Sanchez's failure to adequately request relief under CR 6.02 at the trial court level should not benefit him now. The Supreme Court upheld the trial court's decision to dismiss the lawsuit with prejudice due to Sanchez's failure to file a certificate of merit. View "MCMILLIN, M.D. V. SANCHEZ" on Justia Law

The Supreme Court of Kentucky dealt with a case regarding a patient, Ronald N. Arnsperger, Jr., who claimed he suffered injuries due to the negligent actions of a hospital staffer at Saint Elizabeth Medical Center, Inc. Arnsperger had undergone surgery for his left ankle and later claimed that his injuries were caused by an incident in which his left ankle made contact with a desk while being transported in a wheelchair by a hospital staffer. The Boone Circuit Court initially granted summary judgment in favor of the hospital, agreeing with its argument that expert medical testimony was needed to establish causation. The Court of Appeals reversed, stating that this was a simple negligence case and no expert medical testimony was required.Upon review, the Supreme Court of Kentucky reversed the decision of the Court of Appeals and reinstated the summary judgment of the trial court. The Supreme Court's decision hinged on the question of whether the injuries Arnsperger claimed to have suffered were caused by the allegedly negligent actions of the hospital staffer. Given Arnsperger's extensive medical history involving his left ankle, the Court held that the question of causation was not within the common knowledge of the jury and thus, expert medical testimony was necessary. The Court concluded that Arnsperger had failed to raise a genuine issue of material fact, and under no circumstances could his claim succeed due to the lack of expert testimony on causation. View "Saint Elizabeth Medical Center, Inc. v. Arnsperger" on Justia Law

The Supreme Court reversed the opinion of the court of appeals determining that the prior notice of events exclusion (Exclusion 15) contained in the insurance policies applied to deny the coverage sought by King's Daughters Medical Center (KDMC) for claims made against it and that Insurers were entitled to recoupment of expenses, holding that the court of appeals erred as to both issues.Multiple medical malpractice claims were asserted against KDMC alleging unnecessary cardiac operations and lack of informed consent, among other allegations. Insurers subsequently filed a declaratory action in circuit court to determine their rights and coverage under the relevant policies. The circuit court granted summary judgment in favor of KDMC. The court of appeals reversed, ruling that Exclusion 15 applied to bar professional liability and excess coverage for the underlying litigation and that Insurers were entitled to recoupment of their expenses thus far in defending the litigation. The Supreme Court reversed, holding (1) Exclusion 15 did not bar coverage; and (2) the court of appeals lacked jurisdiction to rule on recoupment. View "Ashland Hospital Corp. v. Darwin Select Insurance Co." on Justia Law

The Supreme Court affirmed the order of the court of appeals denying a motion for writs of prohibition and mandamus, holding that there was no error.In the underlying medical negligence action, Petitioners filed a petition seeking a writ of prohibition in the court of appeals to prohibit the enforcement of a circuit court order directing them to provide Norton Healthcare with nine years of Facebook data. Alternatively, Petitioners sought a writ of mandamus directing the circuit court to enter a more constrained discovery order. The court of appeals denied the motion for writs of prohibition and mandamus. The Supreme Court affirmed, holding that Petitioners' series of general objections were without merit, and therefore, the court of appeals did not err in denying the writ. View "Leslie-Johnson v. Hon. Audra Eckerle" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing this action brought by Charmin Watson alleging that Dr. Amberly Kay Windisch failed to obtain Watson's informed consent prior to surgical placement of a mid-urethral sling, holding that the trial court did not err.Watson brought this lawsuit alleging that Dr. Windisch had failed to obtain informed consent by failing to explain to her the specific risk of injury due to erosion or migration of the mesh sling. The trial court granted summary judgment in favor of Dr. Windisch. The court of appeals affirmed. The Supreme Court affirmed, holding (1) a medical malpractice claim based upon lack of informed consent must be specifically pled; and (2) the trial court did not err in granting summary judgment in favor of Dr. Windisch on the issue of informed consent. View "Watson v. Landmark Urology, P.S.C." on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing order of the circuit court denying the motion of Legacy Health Services, Inc. Cambridge Place Group, LLC, and Cambridge Place Properties, LLC (collectively, Defendants) to dismiss or stay this lawsuit and compel arbitration of the medical malpractice claims brought by Christopher Jackson, as guardian for Christine Jackson, his mother, holding the court of appeals erred.At issue was whether Christopher possessed the authority, as his mother's guardian, to enter a voluntary arbitration agreement that was not a prerequisite to the provision of care or services to his ward. The circuit court concluded that Christopher did not have that authority. The court of appeals reversed, holding that a guardian's authority to enter into contracts generally is within the ambit of what is reasonably inferable from the relevant statutes. The Supreme Court reversed, holding (1) guardians have the authority to bind their wards to contracts that limit or deprive the civil rights of their wards only to the extent necessary to provide needed care and services to the ward; and (2) because the arbitration agreement was not necessary to provide care or services to Christine, Christopher lacked the authority to enter into the arbitration agreement. View "Jackson v. Legacy Health Services, Inc." on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the circuit court's judgment in favor of Defendants in this suit against healthcare providers seeking damages for alleged breach of duties, holding that there was no error.Plaintiff sued Baptist Healthcare System, Inc., Apogee Medical Group Kentucky, PSC and Subhose Bathing, M.D. alleging that Defendants breached their standards of care for by prescribing two antibiotics known to be linked to arrhythmias and cardiac arrest when taken by patients with low potassium. After a trial, the jury found that neither defendant had breached their standard of care. The court of appeals affirmed. On appeal to the Supreme Court, Plaintiff claimed eight errors in the proceedings below. The Supreme Court affirmed, holding that there was no prejudicial error in this case. View "Kentucky Guardianship Administrators, LLC v. Baptist Health System, Inc." on Justia Law

The Supreme Court reversed the decisions of the court of appeals denying Plaintiffs' petitions seeking writs of prohibition in these medical malpractice actions, holding that Plaintiffs established that they were entitled to the writs.Plaintiffs brought this action against Defendants, medical providers and their employers asserting medical malpractice. Plaintiffs moved to disqualify Defendants' counsel, asserting the existence of an actual conflict of interest. The trial court found the existence of actual conflicts of interest and granted the motions. The court of appeals subsequently denied Defendants' separate petitions seeking writs of prohibition. The Supreme Court reversed, holding that Plaintiffs satisfied the burdens of showing entitlement to seek issuance of a writ. View "Harkins v. Honorable House" on Justia Law