Justia Medical Malpractice Opinion Summaries

Monty Clarence Petersen filed a complaint on January 27, 2020, alleging that Jennifer J. Simon, APRN, committed medical malpractice by prescribing Lovenox within 24 hours of his surgery on January 25, 2018, causing him injuries. A summons was issued on October 31, 2022, and served on Simon on January 9, 2023. Simon moved to dismiss the complaint because Petersen did not serve it within six months of filing, as required by Montana Code Annotated § 25-3-106.The Fourth Judicial District Court of Missoula County granted Simon's motion and dismissed the complaint with prejudice, citing the expiration of the two-year statute of limitations under § 27-2-205, MCA. The court interpreted the statute to allow dismissal with prejudice if the defendant had made an appearance and other substantive law supported such dismissal.The Supreme Court of the State of Montana reviewed the case. The court held that § 25-3-106, MCA, mandates dismissal without prejudice for untimely service unless the defendant has made an appearance, which only affects the need for service, not the nature of the dismissal. The court found that the district court erred in dismissing the complaint with prejudice based solely on untimely service. The Supreme Court also noted that it could not issue an advisory opinion on whether a new complaint would be barred by the statute of limitations or statute of repose, as no new complaint had been filed.The Supreme Court reversed the district court's order dismissing the complaint with prejudice and remanded the case for entry of an order dismissing the complaint without prejudice. View "Petersen v. Simon" on Justia Law

Greg Phillips died on October 11, 2019, after receiving medical care from Dr. Anna Robbins at Logan Health. On April 22, 2021, Phillips' estate filed a medical malpractice claim with the Montana Medical Legal Panel (MMLP), which issued a decision on December 9, 2021. Subsequently, on January 5, 2022, Phillips filed a complaint in the District Court alleging wrongful death, negligent infliction of emotional distress, loss of consortium, a survivor’s claim, and respondeat superior. However, the complaint was not served on Logan Health. On February 10, 2023, Phillips filed a First Amended Complaint (FAC) adding claims of common law negligence and negligent misrepresentation, which was served on Logan Health on February 20, 2023.The Montana Eleventh Judicial District Court dismissed the FAC with prejudice on April 28, 2023, because Phillips failed to serve the original complaint within the six-month period required by § 25-3-106, MCA, and the two-year statute of limitations for medical malpractice claims under § 27-2-205, MCA, had expired. Phillips' motion to alter, amend, or set aside the dismissal was denied on June 13, 2023, as the court found that the statute of limitations resumed running after the six-month service deadline passed and that the FAC did not relate back to the original complaint.The Supreme Court of the State of Montana affirmed the District Court's dismissal. The court held that the statute of limitations was not tolled during the six-month period for serving the complaint and that the FAC was filed outside the two-year limitations period. The court also determined that Logan Health's motion to dismiss did not constitute an appearance under § 25-3-106, MCA, and that the District Court did not abuse its discretion in denying Phillips' post-judgment motion. View "Phillips v. Robbins" on Justia Law

The Supreme Court of the State of Montana affirmed a lower court decision that granted Dr. Gregory S. Tierney's motion to dismiss a medical malpractice lawsuit filed by Janice M. Dodds for insufficient service of process. Dodds initially filed the suit against Dr. Tierney and Benefis Health System in 2013, alleging medical malpractice related to a knee replacement surgery. She failed to serve the defendants in time. Dr. Tierney later filed for bankruptcy, which invoked an automatic stay, halting the lawsuit. After his bankruptcy discharge, Dodds attempted to serve Dr. Tierney but failed to do so within the required 30-day timeframe following the discharge.Dodds further sought to join Dr. Tierney's malpractice insurance company as the real party in interest, but the court denied the motion. Upon review, the Supreme Court found that Dodds had not proven Dr. Tierney's liability, thus the insurer had no duty to indemnify him. The court also rejected Dodds' argument that Dr. Tierney lacked standing after his Chapter 7 discharge. The court held that Dr. Tierney maintained a personal stake in demonstrating he was not liable for medical malpractice and that his insurer would only have a duty to indemnify him once Dodds proved her malpractice claims. View "Dodds v. Tierney" on Justia Law

The Supreme Court reversed the judgment of the district court following a jury verdict in favor of Glacier Eye Center, P.C. (GEC) and Kalispell Regional Medical Center, Inc. (KRMC) in this medical malpractice action, holding that the district court abused its discretion by refusing to give certain jury instructions, requiring that this matter be remanded for a new trial.Specifically, the Supreme Court held (1) the district court abused its discretion by refusing to give the jury a proportionate duty instruction and a loss of chance instruction under the facts of this case, and the court's failure to give these instructions resulted in the jury not being fully and fairly instructed in the applicable law, prejudicing Defendant and requiring a new trial; and (2) the district court erred by failing to poll the jury in the manner required by statute. View "Camen v. Glacier Eye Clinic, P.C." on Justia Law

The Supreme Court reversed the decision of the district court granting summary judgment to Defendants on Plaintiffs' asserted medical malpractice claim against Dr. Julie Kuykendall and Great Falls Obstetrical and Gynecological Associations (collectively, Defendants), holding that the district court erred in granting summary judgment on Plaintiffs' medical malpractice claim due to a failure to present sufficient supporting expert medical testimony.Stephanie Kipfinger gave birth to a son, E.C., who was ultimately diagnosed with hypoxic ischemic encephalopathy, cerebral palsy, developmental delay, and microcephaly. Kipfinger and Ben Cunningham (together, Plaintiffs) brought this action against Defendants, asserting a medical malpractice claim regarding Dr. Kuykendall's care of Stephanie and E.C. The district court concluded that Defendants were entitled to summary judgment. The Supreme Court reversed, holding that genuine issues of material fact precluded summary judgment on the causation element of Plaintiffs' medical malpractice claim against Defendants. View "Kipfinger v. Great Falls Obstetrical & Gynecological Associates" on Justia Law

In this medical malpractice action arising from a circumcision, the Supreme Court affirmed the order of the district court precluding Plaintiff from presenting evidence as to either using incorrect scissors or incorrect use of scissors during the subject surgical procedure, holding that the court did not err.Plaintiff, for the benefit of her son, brought this action against Defendant, alleging that Defendant was negligent in performing her son's circumcision. The district court entered judgment in favor of Defendant. The Supreme Court affirmed the district court's evidentiary rulings and the subsequent defense verdict, holding that the district court did not abuse its discretion in excluding portions of Plaintiff's expert's testimony not disclosed in accordance with Mont. R. Civ. P. 26 and the scheduling order. View "Higgins v. Augustine" on Justia Law

In this medical malpractice action, the Supreme Court affirmed the district court's order denying Plaintiff's renewed motion for judgment as a matter of law and motion for new trial, holding that the district court correctly denied Plaintiff's motion for judgment as a matter of law and her motion for a new trial.Plaintiff sued Dr. Robert Replogle and Spineology, alleging that Dr. Replogle did not obtain her informed consent for surgery because he did not disclose his financial interest in Spineology to her. The jury returned a verdict for Dr. Replogle, finding that the was not negligent in either obtaining Plaintiff's informed consent or the way he performed surgery. Thereafter, the district court denied Plaintiff's motions for judgment as a matter of law and for a new trial. The Supreme Court affirmed, holding (1) a reasonable mind could accept the testimony presented at trial that Dr. Replogle was not required to disclose his financial interest in Spineology to obtain Plaintiff's informed consent prior to surgery; and (2) substantial evidence supported the jury's verdict, and neither reversal of that verdict nor a new trial was warranted. View "Howard v. Replogle" on Justia Law

The Supreme Court affirmed the summary judgment dismissal of Plaintiff’s medical malpractice claim against Defendant, holding that the district court did not err by ruling that Plaintiff’s expert was not qualified under Mont. Code Ann. 26-2-601(1)(a).Plaintiff brought this action claiming that Defendant breached the standard of care when performing a spinal surgery on Plaintiff. Defendant moved for summary judgment, arguing that Plaintiff’s expert was not qualified to opine on this malpractice claim. The district court agreed and granted summary judgment in favor of Defendant. The Supreme Court affirmed, holding that the district court did not err by excluding the testimony of Plaintiff’s medical expert under section 26-2-601(1)(a) and granting summary judgment on that basis. View "Melton v. Speth" on Justia Law

In this medical malpractice action, the Supreme Court affirmed the trial court's judgment that Dr. David Huebner was not negligent in his treatment of David Bushong.Bushong was diagnosed with a rare and aggressive form of cancer and died of the cancer in 2009. Plaintiffs filed this action against Dr. Huebner and the Great Falls Clinic, alleging that Dr. Huebner was negligent in failing to diagnose or to take steps to diagnose Bushong’s cancer in 2006. The jury determined that Dr. Huebner was not negligent in his treatment. The Supreme Court affirmed, holding (1) any error on the part of the district court in failing to instruct the jury on loss of chance was harmless; (2) the district court did not abuse its discretion by prohibiting Plaintiffs from asking Bushong’s treating physician whether Dr. Huebner breached the applicable standard of care and by limiting Plaintiffs’ impeachment of the treating physician on redirect; and (3) the district court did not manifestly abuse its discretion in determining that defense counsel’s isolated contemptuous comments over the course of the trial did not affect Plaintiffs’ substantial rights to a fair trial. View "Steffensmier v. Huebner" on Justia Law

The Supreme Court reversed the judgment of the district court concluding, as a matter of law, that Plaintiff’s claims against Dr. Rodney Brandt were barred by the applicable statute of limitations.Dr. Brandt performed surgery on Plaintiff’s knee in 2008. Shortly thereafter, Plaintiff began to experience new knee pain. In 2012, Plaintiff filed this claim asserting that Dr. Brandt negligently performed surgery on her knee. The district court ruled that Plaintiff’s claim was filed after the three-year statute of limitations had run. The Supreme Court disagreed and remanded the case, holding (1) the date on which Plaintiff discovered or reasonably should have discovered her injury involved disputed issues of material fact; and (2) Plaintiff was entitled to have a jury decide when she discovered or through reasonable diligence should have discovered her injury and that it may have been caused by Dr. Brandt. View "Wilson v. Brandt" on Justia Law