Justia Medical Malpractice Opinion Summaries

After Plaintiff's surgeon, Dr. Krouse, performed wrist surgery on Plaintiff's left wrist, Plaintiff visited another orthopedic surgeon, Dr. Curd, complaining of continuing pain. Dr. Curd concluded that another surgery was necessary to remove the metal plate and screws implanted by Dr. Krouse. After the surgery was performed, Plaintiff brought suit for medical malpractice against Dr. Krouse and the hospital in which she was treated during her first surgery. A jury returned a verdict for Dr. Krouse. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in (1) excluding another doctor's previously undisclosed opinion that Dr. Krouse breached the standard of care; and (2) rejecting Plaintiff's proposed jury instruction on res ipsa loquitor. View "Thompson v. Avera Queen of Peace Hosp." on Justia Law

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