Justia Medical Malpractice Opinion Summaries

A baby, S.K., was injured during labor and delivery, allegedly due to the negligence of the delivering doctor, Dr. Goodman, who used a Mityvac obstetrical vacuum delivery system. The plaintiff, S.K.'s conservator, claimed that the use of the vacuum caused brain damage to S.K. and sought damages from Dr. Goodman’s employer, Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C. (the clinic).A jury in the Iowa District Court for Johnson County found in favor of the plaintiff, awarding substantial damages. The clinic appealed, arguing that the district court erred in admitting a package insert from the vacuum, which contained hearsay statements about when the vacuum should not be used and potential harms from its use. The clinic contended that the insert's admission violated Iowa’s hearsay rule and prejudiced the trial's outcome.The Iowa Supreme Court reviewed the case and agreed with the clinic. The court found that the package insert contained hearsay and did not fit within any recognized exceptions, including the residual exception and the market reports exception. The court noted that the insert's admission was prejudicial, as it directly addressed a central dispute in the case and was emphasized in the plaintiff's closing argument. The court concluded that the erroneous admission of the insert deprived the clinic of a fair trial.The Iowa Supreme Court reversed the district court's judgment and remanded the case for a new trial. The court also addressed a procedural issue raised by the clinic regarding the plaintiff's certificate of merit affidavit, ultimately denying the clinic's motion to reverse on those grounds. View "S.K. v. Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C." on Justia Law

In February 2013, the decedent was admitted to Elmcrest Care Center, suffering from Parkinson’s disease, dysphagia, and dementia. On August 4, 2017, he was found nonresponsive and later died in the hospital. The Estate of Jose de Jesus Ortiz, represented by Ericka Ortiz, filed a civil action against Elmcrest and its staff for elder abuse, neglect, negligence, willful misconduct, and fraud, alleging that their failure to provide necessary care led to his death. The trial court compelled arbitration based on an agreement signed upon the decedent’s admission.The arbitrator issued a First Interim Award on March 30, 2022, finding that the Estate did not meet its burden of proof on any claims. The award allowed for further submissions to address any omitted issues. The Estate requested an amendment, arguing the arbitrator had omitted damages for pre-death loss of dignity. The arbitrator issued a Second Interim Award on May 26, 2022, awarding $100,000 in damages for pre-death pain and suffering. Respondents moved to vacate this award, arguing the First Interim Award was final. The arbitrator denied the motion, stating the First Interim Award was not final and had omitted a necessary issue.The trial court initially denied the Estate’s petition to vacate the First Interim Award, ruling it was not final. However, it later vacated the Final Award and confirmed the First Interim Award, finding the First Interim Award had resolved all necessary issues. The Estate appealed.The California Court of Appeal, Second Appellate District, reversed the trial court’s order, holding that the First Interim Award was not final as it expressly reserved jurisdiction for further proceedings. The court directed the trial court to confirm the Final Award issued on September 30, 2022, which included the damages for pre-death pain and suffering. View "Ortiz v. Elmcrest Care Center, LLC" on Justia Law

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

The case involves the Estate of Charles Anthony Hurtado, which brought an action against Dr. Jerry A. Smith, alleging that Dr. Smith acted with deliberate indifference to Mr. Hurtado’s serious medical needs. Mr. Hurtado, an inmate, was treated for a perineal abscess at a medical center where Dr. Smith performed a diagnostic needle aspiration but did not find an abscess cavity. Dr. Smith prescribed oral antibiotics and pain medication, and Mr. Hurtado was discharged. Later that evening, Mr. Hurtado returned to the emergency room with intense pain, was diagnosed with sepsis, and underwent surgery. He was later transferred to another hospital where he died from complications related to the abscess and other health issues.The United States District Court for the District of Colorado granted summary judgment in favor of Dr. Smith. The court found no genuine dispute of material fact regarding whether Dr. Smith knew of and disregarded a significant risk to Mr. Hurtado’s health. The court concluded that even if Dr. Smith’s diagnosis and treatment were incorrect, they did not rise to the level of deliberate indifference but were, at most, medical negligence.The United States Court of Appeals for the Tenth Circuit reviewed the case de novo and affirmed the district court’s decision. The appellate court held that there was no evidence from which a jury could infer that Dr. Smith consciously disregarded a substantial risk to Mr. Hurtado’s health. The court noted that Dr. Smith’s treatment was not patently unreasonable and that the expert testimony provided by the plaintiff did not establish deliberate indifference but rather suggested medical negligence. The court emphasized that deliberate indifference requires more than a misdiagnosis or negligence; it requires a showing that the medical professional knew of and disregarded an excessive risk to the inmate’s health. View "Estate of Hurtado v. Smith" on Justia Law

The case involves a wrongful-death lawsuit filed by the executors and an independent administrator of the estates of deceased residents of a nursing home, Geneva Nursing and Rehabilitation Center, LLC, doing business as Bria Health Services of Geneva. The plaintiffs allege that Bria negligently and willfully failed to control the spread of COVID-19, leading to the deaths of the decedents between March and May 2020. The complaints assert that Bria's failure to quarantine symptomatic staff and residents and to implement effective hygiene and equipment procedures caused the decedents to contract COVID-19 and die from related complications.The Kane County Circuit Court denied Bria's motions to dismiss the negligence claims but allowed Bria to file a motion to certify a question for interlocutory appeal. The certified question was whether Executive Order 2020-19 provided blanket immunity for ordinary negligence to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic. The appellate court modified the question to clarify that the immunity in question derived from section 21(c) of the Illinois Emergency Management Agency Act and answered the modified question affirmatively, stating that Bria would have immunity from negligence claims if it could show it was rendering assistance to the State during the pandemic.The Supreme Court of Illinois reviewed the case and agreed with the appellate court's modification of the certified question. The court held that Executive Order 2020-19, which triggered the immunity provided in section 21(c) of the Act, grants immunity for ordinary negligence claims to healthcare facilities that rendered assistance to the State during the COVID-19 pandemic. The court affirmed the appellate court's judgment and remanded the case to the circuit court to determine whether Bria was indeed rendering such assistance. View "James v. Geneva Nursing & Rehabilitation Center, LLC" on Justia Law

In 2009, a surgeon performed a shoulder replacement surgery on a patient, during which the patient suffered a fracture and subsequent nerve injury, resulting in permanent radial nerve palsy. The patient sued the surgeon and associated medical entities for professional negligence, claiming vicarious liability. The case went to trial twice; the first trial resulted in a verdict for the defendants, but the court granted a new trial due to juror misconduct. The second trial resulted in a verdict for the patient, awarding significant damages, which the court reduced according to statutory caps.The Eighth Judicial District Court of Clark County oversaw the trials. After the second trial, the court reduced the pain and suffering damages to $350,000 pursuant to NRS 41A.035, awarded attorney fees, and capped expert witness costs. The defendants moved for a new trial based on alleged juror misconduct, which the court denied. Both parties appealed various aspects of the court's decisions, including the application of the damages cap, the res ipsa loquitur instruction, and the award of attorney fees and costs.The Supreme Court of Nevada reviewed the case. It held that the district court did not abuse its discretion in giving a res ipsa loquitur instruction despite expert testimony, as the relevant statutory amendments did not apply retroactively. The court affirmed the reduction of pain and suffering damages to $350,000, applying the statutory cap to both the surgeon and the medical entities. The court also upheld the denial of a new trial based on juror misconduct, finding no intentional concealment or prejudice.Regarding attorney fees, the Supreme Court affirmed the district court's award but modified it to comply with NRS 7.095, capping the total recoverable amount. The court found no conflict between NRCP 68 and NRS 18.005 but remanded the case for further proceedings on expert witness fees, requiring a more detailed application of the Frazier factors. The judgment and order denying a new trial were affirmed, the attorney fees award was affirmed as modified, and the order retaxing costs was reversed in part. View "NEVINS VS. MARTYN" on Justia Law

Theresa Johnson, individually and as executor of her deceased husband Nathaniel Johnson's estate, filed a wrongful-death action against Jackson Hospital & Clinic, Inc. Nathaniel, suffering from COVID-19, was admitted to Jackson Hospital on November 26, 2020. He was placed on a BiPAP device for breathing assistance. On December 6, 2020, he was to be moved to another floor. During the transfer, the BiPAP device was removed, and an oxygen mask was allegedly placed on him. However, Nathaniel experienced distress and died shortly after.The Montgomery Circuit Court initially granted Jackson Hospital's motion for summary judgment, but later set it aside to allow further discovery. Johnson argued that Jackson Hospital's actions were wanton and did not comply with public health guidance. The trial court ultimately denied Jackson Hospital's renewed motion for summary judgment, holding that Johnson's action could proceed under an exception in the Alabama Covid Immunity Act (ACIA).The Supreme Court of Alabama reviewed the case. It found that Jackson Hospital was immune from Johnson's negligence claims under the ACIA and the May 8 proclamation issued by Governor Ivey, which provided liability protections for health-care providers during the COVID-19 pandemic. The court also determined that Johnson did not present clear and convincing evidence of wanton conduct by Jackson Hospital's staff. Consequently, the Supreme Court of Alabama granted Jackson Hospital's petition for a writ of mandamus, directing the trial court to enter a summary judgment in favor of Jackson Hospital on all claims. View "Ex parte Jackson Hospital & Clinic, Inc." on Justia Law

A wrongful-death medical-malpractice action was initiated by Donna Ratliff, representing the estate of Rhoda Gail McBride, against Dr. Frances Koe and Wills Valley Family Medicine, LLC. McBride had sought treatment for leg pain and was diagnosed with a blood clot, for which she was prescribed Coumadin, a blood thinner. McBride's daughter, Ratliff, claimed that neither she nor McBride were adequately informed about the necessity of regular blood tests to monitor the medication's effects. McBride subsequently suffered a fatal brain bleed due to "Coumadin toxicity."The DeKalb Circuit Court jury returned a verdict in favor of Dr. Koe and Wills Valley. However, the trial court granted Ratliff's motion for a new trial, vacating the jury's verdict. The trial court concluded that the defendants had not presented sufficient evidence to support their contributory-negligence defense, which alleged that McBride's failure to attend follow-up appointments contributed to her death.The Supreme Court of Alabama reviewed the case and reversed the trial court's judgment. The court found that there was sufficient evidence to support the contributory-negligence defense, including testimony that McBride had been informed about the need for regular blood tests and the dangers of Coumadin. The court held that the jury's verdict was supported by the evidence and that the trial court had erred in granting a new trial. The case was remanded for further proceedings consistent with this opinion. View "Koe v. Ratliff" on Justia Law

Aletha Porcaro was admitted to The Heights of Summerlin, a skilled nursing facility, for rehabilitation after surgery. Upon her discharge, she contracted COVID-19 and died eight days later. Her daughter, Rachelle Crupi, filed a lawsuit against The Heights and its parent companies, alleging that they failed to implement effective COVID-19 safety protocols. The claims included negligence, wrongful death, and other related causes of action.The Heights removed the case to federal court, which remanded it back to state court. In state court, The Heights moved to dismiss the case, arguing that the federal Public Readiness and Emergency Preparedness Act (PREP Act) and Nevada’s Emergency Directive 011 granted them immunity from Crupi’s claims. The district court dismissed the professional negligence claim but allowed the other claims to proceed.The Heights then petitioned the Supreme Court of Nevada for a writ of mandamus, seeking to dismiss the remaining claims based on the same immunity arguments. The Supreme Court of Nevada reviewed the petition and concluded that the PREP Act does not apply to a lack of action or failure to implement COVID-19 policies. The court also determined that Directive 011 does not grant immunity to health care facilities, as it applies to individual medical professionals, not facilities.The Supreme Court of Nevada denied the petition for a writ of mandamus, holding that neither the PREP Act nor Directive 011 provided immunity to The Heights for the claims brought by Crupi. The court affirmed the district court’s decision to allow the remaining claims to proceed. View "The Heights of Summerlin, LLC v. District Court" on Justia Law

In 2021, Hal de Becker contracted COVID-19 and was treated with ivermectin by his personal physician. Hal was later admitted to Desert Springs Hospital Medical Center, where his ivermectin treatment was stopped without consent, and he was administered remdesivir. Hal's condition deteriorated, and he died shortly after being discharged. Hal's family sued the attending doctors and the hospital, alleging negligence, professional negligence, and wrongful death, claiming the doctors and hospital failed to obtain informed consent and made treatment decisions based on media narratives.The Eighth Judicial District Court dismissed the claims against the doctors and the hospital. The court found that the claims against the doctors were barred by the Public Readiness and Emergency Preparedness Act (PREP Act) and that the expert affidavit provided by the plaintiffs did not meet the requirements of NRS 41A.071. The court also dismissed the claims against the hospital, finding them similarly barred by the PREP Act and that the claims were for professional negligence rather than ordinary negligence.The Supreme Court of Nevada reviewed the case and affirmed the lower court's decision. The court held that the plaintiffs' claims were for professional negligence and required an expert affidavit under NRS 41A.071. The court found the expert affidavit insufficient as to the doctors because it did not specify acts of negligence separately for each doctor. However, the affidavit was sufficient as to the hospital. Despite this, the court concluded that the PREP Act barred the claim against the hospital because it related to the administration of remdesivir, a covered countermeasure. Therefore, the dismissal of the complaint was affirmed. View "De Becker v. UHS of Delaware, Inc." on Justia Law