Justia Medical Malpractice Opinion Summaries

A 68-year-old man experiencing abdominal pain was brought to a hospital emergency room in Bayamón, Puerto Rico, in January 2016. After a delayed CT scan revealed a perforated intestine, he underwent surgery and remained in intensive care until his death in February 2016. His son, a physician residing in Florida, later learned of the seriousness of his father’s condition during a visit. The son filed a lawsuit against several doctors, the hospital, and related entities, alleging that negligent medical care led to his father’s death.The United States District Court for the District of Puerto Rico reviewed the case after a contentious discovery period. The court granted summary judgment in favor of five defendants: three doctors, a corporate entity managing the emergency room, and the emergency room’s medical director. The court found that the claims against the doctors and the corporate entity were time-barred under Puerto Rico’s one-year statute of limitations for tort claims, and that Puerto Rico law did not provide a basis for liability against the medical director, as he had not directly treated the patient. The court also disregarded certain evidence submitted by the plaintiff and denied his motion for reconsideration.On appeal, the United States Court of Appeals for the First Circuit found that the district court erred in converting two doctors’ motions to dismiss into motions for summary judgment without giving the plaintiff adequate notice or an opportunity to present evidence. The appellate court also held that the district court abused its discretion in disregarding the plaintiff’s declaration regarding when he learned of one doctor’s involvement. The court vacated and remanded the summary judgments for the three doctors and the medical director on the first cause of action, but affirmed summary judgment for the corporate entity and the medical director on the second cause of action. Each party was ordered to bear its own costs. View "Calderon-Amezquita v. Rivera-Cruz" on Justia Law

A patient was involuntarily admitted to a hospital for mental health treatment due to dementia-related aggression. During his stay, he developed and experienced worsening pressure ulcers. After being transferred to another facility, he died ten days later. The estate of the patient filed a wrongful death and survival action against the hospital, alleging negligence and corporate negligence in the care and treatment of the patient’s pressure ulcers, claiming these injuries contributed to his decline and death.The Lehigh County Court of Common Pleas granted the hospital’s motion for judgment on the pleadings, finding that the hospital’s care for the pressure ulcers was incidental to the patient’s mental health treatment. The court concluded that, under Section 114 of the Pennsylvania Mental Health Procedures Act (MHPA), the hospital was immune from liability for ordinary negligence because the care provided was coincident to mental health treatment, and the complaint did not allege willful misconduct or gross negligence. The Superior Court of Pennsylvania affirmed this decision, holding that the immunity provision of the MHPA applied to the hospital’s conduct.The Supreme Court of Pennsylvania reviewed whether the MHPA’s immunity provision applied to the hospital’s treatment of the patient’s physical ailments during his mental health admission. The Court held that the MHPA’s immunity provision covers not only treatment directly related to mental illness but also medical care coincident to mental health treatment, including foreseeable physical complications like pressure ulcers. Because the estate’s complaint alleged only ordinary negligence and not gross negligence or willful misconduct, the Court affirmed the Superior Court’s order granting judgment on the pleadings in favor of the hospital. View "Wunderly v. Saint Luke's Hosp." on Justia Law

A patient alleged that she suffered a neck fracture after falling from her hospital bed while medicated and unattended at a hospital. She filed a complaint against the hospital within the one-year statute of limitations for medical claims, also naming ten John Doe defendants described as unknown medical providers involved in her care. The hospital was served and answered the complaint, but the plaintiff did not obtain summonses or attempt service on the John Doe defendants. Several months later, with the hospital’s consent, she amended her complaint to replace the John Doe defendants with specific individuals and entities, including two doctors and a medical group.The newly named defendants moved to dismiss, arguing that the claims against them were time-barred because they were not named before the statute of limitations expired and the plaintiff had not complied with Ohio Civil Rule 15(D), which governs the naming and service of unknown defendants. The Richland County Court of Common Pleas granted the motion, holding that the statutory 180-day extension for joining additional defendants in medical-claim actions did not apply to defendants who were “obvious” at the outset and that the plaintiff was required to comply with Civil Rule 15(D). The Fifth District Court of Appeals reversed, finding that the statutory extension applied to any additional defendants not named in the original complaint, regardless of whether their existence was contemplated at filing.The Supreme Court of Ohio affirmed the appellate court’s decision. It held that a plaintiff is not required to comply with Civil Rule 15(D) to name additional defendants in an amended complaint under R.C. 2323.451(D)(1), and that the 180-day extension under R.C. 2323.451(D)(2) is not limited to newly discovered defendants. Because the plaintiff properly amended her complaint to join the additional defendants, the extension applied and her action was timely commenced. View "Lewis v. MedCentral Health Sys." on Justia Law

A patient with a history of aortic valve replacement visited an urgent care facility with symptoms including fever, headache, and chills. The urgent care doctor suspected bacterial endocarditis, a potentially fatal infection, and referred the patient to the emergency department at a hospital, providing a note and calling ahead. At the emergency department, the attending physician reviewed the note but dismissed the suspicion of endocarditis, diagnosing the patient with a viral syndrome and discharging him. The patient later saw his primary care provider, who also suspected endocarditis, but he died two days later. An autopsy confirmed death from complications of sepsis due to acute bacterial endocarditis. The patient’s family filed a wrongful death lawsuit, alleging that the hospital and emergency physician’s failure to diagnose and treat endocarditis caused his death.The Superior Court in Maricopa County granted summary judgment for the defendants, finding that the plaintiff’s expert testimony did not meet the clear and convincing evidence standard required by Arizona Revised Statutes § 12-572 for emergency department malpractice claims. The court reasoned that the experts did not state causation to a high degree of medical probability. The Arizona Court of Appeals affirmed, holding that the expert opinions were insufficient to meet the heightened standard and that summary judgment was appropriate.The Supreme Court of the State of Arizona reversed and remanded. It held that the clear and convincing evidence standard in § 12-572 is a standard of proof, not a prima facie element of the claim. The Court clarified that a plaintiff’s expert testimony that negligence “likely” caused the injury is sufficient to establish causation for purposes of surviving summary judgment. The factfinder must consider all relevant, admissible evidence—not just expert testimony—when determining whether causation has been proven by clear and convincing evidence. The Court vacated the court of appeals’ decision and remanded for further proceedings. View "HENKE v. HOSPITAL" on Justia Law

After her pregnancy extended past her due date, a woman was admitted to a hospital and came under the care of a physician who, along with hospital staff, induced labor. When a vacuum extraction delivery attempt failed, the physician performed an emergency cesarean section, delivering a baby who was born alive but in critical condition. The infant died eight days later after being treated in neonatal intensive care and ultimately removed from life support.The woman brought suit against the physician, the hospital, and a nurse-midwife, asserting several claims, including medical malpractice and lack of informed consent, both on behalf of her deceased son’s estate and on her own behalf. As relevant here, she sought damages for her own emotional distress based on an alleged lack of informed consent for the vacuum extraction procedure. The Supreme Court, Bronx County, granted summary judgment dismissing her direct medical malpractice claim but denied summary judgment on her lack of informed consent claim, finding factual disputes. The Appellate Division, First Department, affirmed, holding that precedent barring recovery for purely emotional damages in prenatal torts did not apply to lack of informed consent claims, and alternatively invited the Court of Appeals to revisit its precedent.The New York Court of Appeals reviewed whether its prior decision in Sheppard-Mobley v King, which bars recovery for purely emotional damages by a birthing parent when medical malpractice causes in utero injury to a fetus born alive, also applies to lack of informed consent claims. The Court held that it does, reasoning that lack of informed consent is a form of medical malpractice and that no legal or logical basis exists to treat such claims differently for purposes of emotional damages. The Court declined to overrule its precedent, reversed the Appellate Division’s order, dismissed the lack of informed consent claim for emotional damages, and answered the certified question in the negative. View "SanMiguel v. Grimaldi" on Justia Law

During the early months of the COVID-19 pandemic, a patient received medical care that included a hysterectomy performed by a physician at a local medical center. Following the procedure, the patient experienced significant complications, including infection, sepsis, and additional surgeries, which led to prolonged recovery and ongoing health issues. The patient and her husband filed a lawsuit against the physician, the medical practice, and the hospital, alleging negligence and gross negligence in the performance of the surgery and subsequent care.The defendants moved to dismiss the lawsuit, arguing that they were immune from civil liability under North Carolina’s Emergency or Disaster Treatment Protection Act, which was enacted in response to the pandemic. They asserted that the Act provided them with immunity because the care was rendered during the pandemic and was impacted by it, and that the complaint did not allege bad faith. The Superior Court in Pitt County denied the motions to dismiss. The defendants appealed, and the North Carolina Court of Appeals affirmed the trial court’s order, holding that the requirements for statutory immunity under the Emergency Act were not met on the face of the complaint and that the denial of the motions to dismiss was not immediately appealable as a matter of right.The Supreme Court of North Carolina reviewed the case and held that the trial court’s denial of the motions to dismiss was an interlocutory order and not immediately appealable. The Court concluded that the Emergency Act provides immunity from liability, not from suit, and therefore does not create a substantial right warranting immediate appeal. The Court also found that the denial of the motions did not implicate personal jurisdiction under the relevant statute. As a result, the Supreme Court vacated the Court of Appeals’ judgment and remanded the case for further proceedings. View "Land v. Whitley" on Justia Law

An 84-year-old man with a history of dementia was admitted to a hospital after several falls and subsequently transferred to a nursing home for rehabilitation. His wife, acting as his “Authorized Representative,” signed an optional arbitration agreement as part of his admission paperwork. During his stay, the man developed a pressure wound that became septic, leading to his removal from the facility and subsequent death. The wife, as personal representative of his estate, filed a wrongful death lawsuit against the nursing home and its administrator, alleging medical negligence and asserting that the man was incompetent and unable to make decisions for himself at the time of admission.The Mobile Circuit Court reviewed the defendants’ motion to compel arbitration, which was based on the signed agreement. The wife opposed the motion, arguing she lacked authority to bind her husband to arbitration because he was permanently incapacitated due to dementia. She provided medical records and her own affidavit to support her claim of his incapacity. The defendants countered with evidence suggesting the man had periods of lucidity and was not permanently incapacitated. The trial court denied the motion to compel arbitration and later denied a postjudgment motion by the defendants that included additional medical records.The Supreme Court of Alabama reviewed the case de novo. It held that the wife did not meet her burden to prove the man was permanently incapacitated or temporarily incapacitated at the time the arbitration agreement was executed. The Court found that the evidence showed the man had lucid intervals and was at times alert and able to communicate, and that no contemporaneous evidence established incapacity at the time of signing. The Supreme Court of Alabama reversed the trial court’s order and remanded the case, holding that the arbitration agreement was enforceable. View "Mobile Nursing and Rehabilitation Center, LLC v. Sliman" on Justia Law

A woman died after being treated at a hospital and left behind two minor children. Her mother took custody of the children following a juvenile court order that granted her authority over their care. The mother, acting as custodian, sent pre-suit notice to the health care providers she believed responsible for her daughter’s death, identifying herself as the “claimant authorizing the notice” but not mentioning the minor children. She later filed a wrongful death lawsuit, initially on her own behalf and on behalf of the children, but ultimately pursued the claim solely for the children.The Circuit Court for Anderson County first granted, then vacated, the defendants’ motions to dismiss, finding that the mother had substantially complied with the pre-suit notice requirements and that the omission of the children’s names did not prejudice the defendants. The court also found that while the children held the right to the claim, the mother was the claimant on their behalf. The Court of Appeals, however, reversed this decision, holding that the pre-suit notice was deficient because it failed to identify the children as claimants, and that this failure prejudiced the defendants. The appellate court did agree that the mother had standing to bring the suit on behalf of her grandchildren.The Supreme Court of Tennessee reviewed the case and reversed the Court of Appeals. The Court held that under Tennessee Code Annotated section 29-26-121(a)(2)(B), the “claimant authorizing the notice” is the person who asserts the right and formally approves giving pre-suit notice. Since the minor children could not act for themselves, their legal custodian was the proper person to authorize notice and file suit on their behalf. The Court concluded that the mother complied with the statutory pre-suit notice requirements and remanded the case to the circuit court. View "Denson ex rel. Denson v. Methodist Medical Center of Oak Ridge" on Justia Law

A husband and wife brought a lawsuit after the wife suffered a pelvic fracture during a forceps-assisted delivery performed by a doctor at a women’s health group. They alleged that the doctor failed to obtain the wife’s informed consent by not disclosing the risks associated with the procedure. The plaintiffs claimed that this omission violated Massachusetts law and sought damages for the resulting injury.The United States District Court for the District of Massachusetts handled the case initially. During pretrial proceedings, the defendants moved to strike the plaintiffs’ expert witnesses, arguing that the plaintiffs had not made their experts available for deposition as required by the Federal Rules of Civil Procedure. The plaintiffs did not respond to this motion, and the District Court granted it, excluding the expert testimony. The plaintiffs later failed to appear at a pretrial conference, citing email issues, and only addressed the missed conference, not the exclusion of their experts. The District Court declined to vacate its order striking the experts, finding the plaintiffs’ delay and lack of explanation unjustified. Subsequently, the District Court granted summary judgment to the defendants, concluding that expert testimony was necessary to support the informed consent claim under Massachusetts law.On appeal, the United States Court of Appeals for the First Circuit reviewed the District Court’s decisions. The appellate court held that the District Court did not abuse its discretion in refusing to reconsider the order striking the expert witnesses, given the plaintiffs’ prolonged inaction and failure to address the underlying issues. The First Circuit also held that, under Massachusetts law, expert testimony was required to establish that the risk of pelvic fracture from a forceps-assisted delivery was more than negligible, and thus, summary judgment for the defendants was appropriate. The judgment of the District Court was affirmed. View "Meka v. Haddad" on Justia Law

A nursing home resident’s legal representative, acting under a durable power of attorney, sued a nursing home for alleged medical negligence during the resident’s stay. Upon admission, the representative signed several documents, including an agreement to arbitrate any disputes arising from the resident’s care. The representative later claimed not to recall signing the documents but did not dispute her signature. The nursing home moved to compel arbitration based on the signed agreement, which expressly stated it was governed by the Federal Arbitration Act (FAA).The District Court of McCurtain County, Oklahoma, held a hearing on the motion to compel arbitration. The court found that a valid arbitration agreement existed, signed by both an authorized agent of the nursing home and the legal representative. The court determined that the FAA applied due to the involvement of interstate commerce and that the Oklahoma Nursing Home Care Act’s (NHCA) prohibition of arbitration agreements was preempted by federal law. The court granted the nursing home’s motion to compel arbitration and stayed the judicial proceedings.The Supreme Court of the State of Oklahoma reviewed the case de novo. It affirmed the district court’s decision, holding that the FAA preempts the NHCA’s categorical prohibition of arbitration agreements in the nursing home context when interstate commerce is involved and the agreement expressly invokes the FAA. The court found the arbitration agreement was validly executed and not unconscionable, distinguishing this case from prior Oklahoma precedent and aligning with the United States Supreme Court’s decision in Marmet Health Care Center, Inc. v. Brown. The Supreme Court of Oklahoma affirmed the district court’s order compelling arbitration. View "Thompsonl v. Heartway Corp." on Justia Law