Justia Medical Malpractice Opinion Summaries

After a surgery at University Hospital, Jennifer Beglin passed away. Appellee, Michael Beglin, brought suit against the Hospital. A jury found that the Hospital, through its employees and agents, acted negligently in causing the death of Jennifer. The trial court then entered judgment awarding compensatory and punitive damages. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court properly gave a missing evidence instruction in connection with the unexplained disappearance with an occurrence report because (i) the trier of fact is entitled to such an instruction when it may be reasonably believed that material evidence within the exclusive control of a party was lost without explanation, and the trier of fact may find that the evidence was intentionally and in bad faith destroyed or concealed by the party possessing it, and (ii) the instruction did not unduly affect the general verdict or punitive damages award; but (2) the trial court erred by giving a punitive damages instruction under the circumstances in this case. Remanded. View "Univ. Med. Ctr. v. Beglin" on Justia Law

Appellant Sarah Dudley filed suit against real parties in interest Erdagon Atasoy, M.D., and Kleinert Kutz and Associates for alleged negligent diagnosis, care, and treatment related to Dudley's adverse reaction to an injection in her shoulder. In a discovery request, the real parties in interest sought appellant's medical records, including her psychiatric records. Appellant filed a motion for a protective order to prevent her psychiatric records from being subject to discovery. Judge Olu Stevens denied appellant's motion, finding that her physical and mental condition was at the heart of her claims. Appellant then filed for a writ of prohibition against Judge Stevens to prevent the discovery of her psychiatric records. The court of appeals denied appellant's petition. Appellant appealed, arguing that her records were subject to the psychotherapist-patient privilege under Ky. R. Evid. 507(b). The Supreme Court affirmed, holding that appellant waived her psychotherapist-patient privilege because she asserted her mental condition as part of her claim and that Judge Stevens did not err by denying appellant's motion for a protective order. View "Dudley v. Jefferson Circuit Court (Stevens)" on Justia Law