Justia Medical Malpractice Opinion Summaries

The Ninth Circuit affirmed the district court's dismissal of plaintiff's tort action against the United States for the tragic death of his wife. Plaintiff's wife was a lieutenant in the Navy and she died due to a complication following childbirth. The panel held that plaintiff's medical malpractice claims were barred under the Feres doctrine, which provided governmental immunity from tort claims involving injuries to service members that were incident to military service. View "Daniel v. United States" on Justia Law

For a claim to sound in medical malpractice, the act from which the claim arises must be directly related to medical care or services, which require the use of professional judgment or skill.This case arose out of an action brought by Denise Townes on behalf of Cinnette Perry, and Perry, individually, against the National Deaf Academy, by and through its employees, for injuries Perry sustained while she was a resident at the Academy. Perry was injured when the Academy’s employees attempted to physically restrain her with a Therapeutic Aggression Control Techniques (TACT) hold. The trial court granted summary judgment for the Academy, concluding Townes alleged medical malpractice claims, rather than negligence claims, and failed to comply with the medical malpractice presuit requirements. The court of appeals reversed, holding that Townes’s claims sounded in ordinary negligence because the employees’ actions were “not for treatment or diagnosis of any condition” and did not require medical skill or judgment. The Supreme Court affirmed, holding that Townes’s claims did not arise from medical malpractice because the administration of a TACT hold was not directly related to medical care or services. View "National Deaf Academy, LLC v. Townes" on Justia Law

Teresa Vermilyea and her daughter, Julie Vermilyea Kasby, filed suit against Singing River Health System, Jennifer Thomas-Taylor, M.D.; Alva Britt, R.N.; Benjamin Hudson, M.D.; and Emergency Room Group, Ltd., pursuant to the Mississippi Tort Claims Act for the wrongful death of Randy Vermilyea, the husband of Teresa Vermilyea and father of Julie Vermilyea Kasby (collectively, “Vermilyea”). Vermilyea alleged that Randy had been admitted to the Singing River Hospital following a suicide attempt and that the defendants had breached the standard of care by failing to assess his mental condition properly and prematurely discharging him, proximately causing his suicide minutes after his discharge. Julie Vermilyea Kasby, who had witnessed her father’s suicide, asserted a claim for intentional infliction of emotional distress. The trial court denied the defendants’ motions to dismiss for failure to state a claim. The Mississippi Supreme Court granted appellants' interlocutory appeal. Finding that Vermilyea did state viable legal claims based upon Randy Vermilyea’s death, the Supreme Court affirmed and remanded the case to the Circuit Court for further proceedings. View "Singing River Health System v. Vermilyea" on Justia Law

Joas underwent knee replacement at a Wisconsin hospital and received a Zimmer NexGen Flex implant. Within a few years, he began experiencing pain in his new knee. X-rays confirmed that the implant had loosened and required a surgical fix. Joas brought multiple claims against Zimmer. His case was transferred to a multidistrict litigation, where it was treated as a bellwether case. Applying Wisconsin law, the presiding judge granted Zimmer summary judgment. The Seventh Circuit affirmed, declining to reinstate a single claim based on a theory of inadequate warning. The court predicted that the Wisconsin Supreme Court would follow the majority of states and adopt the “learned intermediary” doctrine, which holds that the manufacturer of a medical device has no duty to warn the patient as long as it provides adequate warnings to the physician. In addition, Joas has not identified any danger that Zimmer should have warned him about. Joas has no evidence to support causation. Joas did not select the NexGen Flex implant, so the information would not have caused him to change his behavior. His doctor selected the product, making his decision based on his own past experience, not on any marketing materials or information provided by Zimmer. View "Joas v. Zimmer, Inc." on Justia Law

Joas underwent knee replacement at a Wisconsin hospital and received a Zimmer NexGen Flex implant. Within a few years, he began experiencing pain in his new knee. X-rays confirmed that the implant had loosened and required a surgical fix. Joas brought multiple claims against Zimmer. His case was transferred to a multidistrict litigation, where it was treated as a bellwether case. Applying Wisconsin law, the presiding judge granted Zimmer summary judgment. The Seventh Circuit affirmed, declining to reinstate a single claim based on a theory of inadequate warning. The court predicted that the Wisconsin Supreme Court would follow the majority of states and adopt the “learned intermediary” doctrine, which holds that the manufacturer of a medical device has no duty to warn the patient as long as it provides adequate warnings to the physician. In addition, Joas has not identified any danger that Zimmer should have warned him about. Joas has no evidence to support causation. Joas did not select the NexGen Flex implant, so the information would not have caused him to change his behavior. His doctor selected the product, making his decision based on his own past experience, not on any marketing materials or information provided by Zimmer. View "Joas v. Zimmer, Inc." on Justia Law

Johnny Eades sought treatment from numerous healthcare providers, including Petitioners Palmetto Primary Care Physicians, LLC and Trident Emergency Physicians, LLC, for a blockage and aneurysm of the left iliac artery in July and August of 2009. Three years later, Mr. Eades and his wife filed a Notice of Intent to File Suit (NOI) to bring a medical malpractice action in Charleston County, South Carolina. Two days after filing the NOI, the Eades filed answers to interrogatories listing Dr. Paul Skudder as an expert witness, along with an affidavit from Skudder pursuant to section 15-79-125 of the South Carolina Code (Supp. 2016). This case required the South Carolina Supreme Court to decide whether an expert witness affidavit submitted prior to the commencement of a medical malpractice action complied with section 15-36-100(A) of the South Carolina Code (Supp. 2016). The trial court found the affidavit insufficient based on the expert's practice area and dismissed the NOI. The Supreme Court reversed, finding the statute permitted the production of an affidavit from an expert who did not practice in the same area of medicine as the allegedly negligent doctor. View "Eades v. Palmetto Cardiovascular" on Justia Law

Johnny Eades sought treatment from numerous healthcare providers, including Petitioners Palmetto Primary Care Physicians, LLC and Trident Emergency Physicians, LLC, for a blockage and aneurysm of the left iliac artery in July and August of 2009. Three years later, Mr. Eades and his wife filed a Notice of Intent to File Suit (NOI) to bring a medical malpractice action in Charleston County, South Carolina. Two days after filing the NOI, the Eades filed answers to interrogatories listing Dr. Paul Skudder as an expert witness, along with an affidavit from Skudder pursuant to section 15-79-125 of the South Carolina Code (Supp. 2016). This case required the South Carolina Supreme Court to decide whether an expert witness affidavit submitted prior to the commencement of a medical malpractice action complied with section 15-36-100(A) of the South Carolina Code (Supp. 2016). The trial court found the affidavit insufficient based on the expert's practice area and dismissed the NOI. The Supreme Court reversed, finding the statute permitted the production of an affidavit from an expert who did not practice in the same area of medicine as the allegedly negligent doctor. View "Eades v. Palmetto Cardiovascular" on Justia Law

The Supreme Court affirmed the orders of the district court that denied Plaintiff’s discovery motions and granted summary judgment in favor of Defendants in this wrongful death action alleging medical malpractice.Plaintiff, personally and as personal representative of the estate of Mickley Lynn Ellis, sued Advanced Correctional Healthcare, Inc. and its agents in their individual and official capacities after Ellis, who was incarcerated in the Saunders County jail, died from a bilateral pulmonary embolism while being treated at the Saunders Medical Center. The district court granted summary judgment for Defendants, finding no material issue of fact as to causation. The Supreme Court affirmed, holding that the district court did not err in granting Defendants’ motion for summary judgment. View "Ewers v. Saunders County" on Justia Law

Plaintiffs Kerry and Scott Tomlinson (parents) and their son, T, brought separate negligence claims against defendants Mary K. Wagner, MD., Metropolitan Pediatrics, LLC, and Legacy Emanuel Hospital & Health Center. In their respective claims, plaintiffs alleged that defendants provided medical services to the parents’ older son, M, failed to timely diagnose M’s genetic disorder, and failed to inform the parents of that disorder. They further alleged that, “[h]ad defendants, and each of them, timely diagnosed [M’s] DMD, [the parents] would not have produced another child suffering from [DMD].” The trial court entered a judgment dismissing the complaint on the ground that neither the parents nor T were patients of defendants and, therefore, the court reasoned, defendants owed no obligation of professional care toward them. The Court of Appeals reversed that judgment as to the parents but affirmed as to T. The Oregon Supreme Court affirmed the decision of the Court of Appeals, and reversed in part and affirmed in part the trial court judgment dismissing this action. Under the parents’ theory of relief, the relevant injury was not the resulting life, but the negligent deprivation of information that was important to the parents’ protected interest in making informed reproductive choices. T’s claim necessarily depended on the premise that T had a legally protected interest in not being born, rather than risk being born with DMD. "[T]he doctrinal implications of recognizing T’s right to recover such damages would be significant." The Court concluded the factual allegations were sufficient as to the parents' claim. With respect to T's claims, however, the Court determined the "threshold difficulty with T’s argument is that it puts the damages cart before the liability horse; that is, T’s argument blurs the line between the identification of a cognizable injury and the determination of damages resulting from the injury. . . based on the facts that T alleges, defendants could not have caused T a physical harm." View "Tomlinson v. Metropolitan Pediatrics, LLC" on Justia Law

White, pregnant with her tenth child, was charged with federal bank fraud. She failed to appear and was taken into custody when she was 35 weeks pregnant. The U.S. Marshals arranged for her housing at JCDC, which had a full-time medical staff and a relationship with an obstetrics practice. White’s intake form indicated an October 18 due date. Her blood pressure was high. No medical history was taken. White did not disclose that with her ninth pregnancy, she had an emergency cesarean section at 34 weeks. White signed a release but JCDC did not obtain her prenatal care records. For 10 days, White had multiple contacts with medical staff. She told a nurse that she was not having any problems. White then refused to be seen and signed a refusal form. Days later, White awoke with pain and called for assistance at 5:10. An ambulance arrived at 5:22. White arrived at the hospital at 5:52. White again denied having any complications or chronic medical problems. At 6:07, the nurse was unable to find fetal heart tones. At 6:13, the doctor ordered an emergency cesarean section. J.L. was delivered at 6:33. White had suffered a complete abruption of the placenta which stopped the flow of oxygen to J.L., who has severe, permanent disabilities. The abruption likely occurred in the ambulance or at the hospital, because J.L. would not have survived had it occurred earlier. Her father sued under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671, alleging medical malpractice. The Seventh Circuit affirmed summary judgment for the defendants. Placement and retention of White at JCDC fell within the discretionary function exception to the FTCA’s waiver of sovereign immunity. There was no indication that White needed immediate care before the morning of J.L.’s birth, when staff promptly called for help. View "Lipsey v. United States" on Justia Law