Justia Medical Malpractice Opinion Summaries

Appellee, the administrator of the estate of Karen Parrish, filed wrongful-death and survival action arising from the allegedly negligent care and death of Parrish. The case proceeded to a jury. At the close of Appellee's opening statements, Appellants moved for directed verdict, asserting that Appellee had failed to meet the burden of establishing a case of medical malpractice against them because Appellee had failed to set forth in his opening statement a standard of care and causation. The trial court granted the motion for directed verdict and entered judgment in favor of Appellants. The court of appeals reversed, concluding that the trial court was required to consider both the opening statement and the complaint before determining whether a directed verdict was appropriate. The Supreme Court affirmed but on different grounds, holding that a trial court is not required to consider allegations contained in the pleadings when ruling on a motion for directed verdict made on the opening statement of an opponent, but the trial court may consult the pleadings in liberally construing the opening statement in favor of the party against whom the motion is made. Remanded. View "Parrish v. Jones" on Justia Law

Plaintiff filed an unsworn notice of claim with the superior court pursuant to the Maine Health Security Act (MHSA) alleging that Defendants were negligent in providing her medical care. The statute of limitations on Plaintiff's claim subsequently expired. Thereafter, Plaintiff served her unsworn notice of claim to Defendants. Plaintiff then filed a sworn notice of claim. The superior court subsequently dismissed Plaintiff's unsworn notice of claim on the ground that the defective notice failed to toll the applicable statute of limitations. The Supreme Court vacated the judgment and remanded, holding that Plaintiff should be permitted to amend her notice of claim pursuant to Me. R. Civ. P. 15 and to have the amendment relate back to the original filing date.View "Frame v. Millinocket Reg'l Hosp." on Justia Law

Deloris Gaulden died in the emergency department of Liberty Regional Medical Center. Her daughter sued Bobby Herrington, M.D., the medical director of the emergency department, alleging that Gaulden could have been saved, if only her treating physician and nurse had promptly and properly implemented a chest pain protocol that the hospital had adopted. The trial court awarded summary judgment to Dr. Herrington, but the Court of Appeals reversed to the extent that the claim against him sounded in professional negligence. After review of the trial court record, the Supreme Court concluded the appellate court erred in its reversal of the trial court. The Court reversed the appellate court and remanded the case for further proceedings. View "Herrington v. Gaulden" on Justia Law

Plaintiff filed a healthcare liability suit against several healthcare providers (collectively, Defendants). Defendants moved to dismiss the complaint based on Plaintiff's noncompliance with Tenn. Code Ann. 29-26-121(a)(2)(E), which requires that a plaintiff's pre-suit notice to a healthcare provider include a HIPAA complaint medical authorization in order to permit the healthcare provider to obtain complete medical records from all other providers that are being sent a notice. The trial court denied Defendants' motion, concluding that Plaintiff's noncompliance with section 29-26-121(a)(2)(E) was excused by extraordinary cause. The Supreme Court reversed and dismissed the complaint, holding that Plaintiff was required to substantially comply with section 29-26-121(a)(2)(E), and Plaintiff's failure to comply was not excused by extraordinary cause.View "Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc." on Justia Law

Thelma Johnson took her 15-year-old son Shaquille to the emergency department at Phoebe Putney Memorial Hospital; a week earlier, Shaquille had undergone arthroscopic knee surgery. Shaquille complained of chest pain; was first seen by a nurse; and then examined by Dr. Price Omondi. The doctor noted that Shaquille had undergone surgery a week earlier; he inquired about Shaquille's medical history and family history and conducted a physical examination. Dr. Omondi ruled out multiple ailments, specifically, pulmonary embolism as causes of Shaquille's pain. Dr. Omondi diagnosed Shaquille with pleurisy and discharged him from the hospital with a prescription for an anti-inflammatory pain reliever, and instructions to return to the emergency department if his symptoms continued. Two weeks later, Shaquille returned to the emergency department, and died of a bilateral pulmonary embolism. Thelma Johnson and her husband sued Dr. Omondi and Southwest Emergency Physicians, P.C., for medical malpractice. Dr. Omondi moved for summary judgment, which the trial court granted. The Supreme Court granted a writ of certiorari to the Court of Appeals in to determine whether the appellate court properly applied the standards for a medical malpractice claim in a hospital emergency department as found in OCGA 51-1-29.5 (c). Finding that the plurality opinion of the Court of Appeals erred, the Supreme Court reversed and remanded for further proceedings. View "Johnson v. Omondi" on Justia Law

Dr. Ann M. Mottershaw and The Radiology Group, LLC, appealed a trial court's order granting a motion for a new trial filed by plaintiff Shannon Ledbetter, as administrator of the estate of Venoria Womack. These appeals primarily concerned whether the trial court exceeded its discretion in ordering a new trial based on the jury's exposure to certain evidence that the trial court had excluded by an order granting a motion in limine. After careful consideration of defendants' arguments and the trial court record, the Supreme Court affirmed the trial court's decision. View "Mottershaw v. Ledbetter" on Justia Law

Bobbie Troup, in her capacity as the administrator of the estate of Easter Dawkins, filed suit alleging medical malpractice and wrongful death against Petitioners. During the trial proceedings, Troup filed a petition requesting that Petitioners be required to pay for the cost of five expert witnesses who had appeared to testify on her behalf on the scheduled trial date but did not testify because the circuit court had granted a motion for continuance made by Petitioners. The circuit court entered an order directing Petitioner to pay Troup for expert-witness costs associated with the continuance of the trial. Petitioners petitioned the Supreme Court for a writ of prohibition or, in the alternative, a writ of certiorari, against the circuit court, contending that the court exceeded its authority and abused its discretion in ordering them pay the expert-witness costs of Troup. The Supreme Court denied the petitions, as Petitioners had an adequate remedy in the form of an appeal.View "Moore v. Circuit Court" on Justia Law

Melissa and Corey Waddoups sued Intermountain Health Care (IHC), among other defendants, alleging negligent credentialing after Dr. Barry Noorda performed several gynecological procedures on Melissa at an IHC facility. At issue in this case was Utah Code Ann. 78B-3-425, which prohibits a cause of action for negligent credentialing. Because Plaintiffs' negligent credentialing claim accrued before the enactment of the statute, the federal district court certified a question to the Supreme Court, asking whether section 78B-3-425 retroactively applied to bar negligent credentialing claims that arose prior to its enactment. The Supreme Court answered the question in the negative, holding that because section 78B-3-425 is a substantive amendment and contains no expression of retroactivity, it does not apply retroactively and therefore did not bar Plaintiffs' claim, which arose prior to its enactment. View "Waddoups v. Noorda" on Justia Law

As a result of a surgery to remove a cyst at the lowest part of his spinal cord, Plaintiff permanently lost bladder, bowel, and sexual function. Plaintiff and his wife filed this action against Defendant, a neurosurgeon who diagnosed the cyst but who did not participate in the surgery. After a jury trial, the trial court entered judgment against Defendant. The court of appeals affirmed. The Supreme Court reversed, holding (1) the trial court erred by admitting, over objection, as an exhibit an illustration from a learned treatise; (2) the trial court erred in refusing to submit to the jury a properly drafted interrogatory offered by Defendant; (3) the trial court erred by prohibiting Defendant from presenting evidence of "write-offs" to contest Plaintiffs' medical bills without a foundation of expert testimony on the reasonable value of the medical services rendered; and (4) the court's errors, taken together, deprived Defendant of a fair trial. Remanded for a new trial. View "Moretz v. Muakkassa" on Justia Law

Decedent died from colorectal cancer that spread to her spine. Decedent had sought treatment for several years from Defendant, who failed to diagnose the cancer. Plaintiffs, Decedent's surviving husband and children, filed wrongful death claims against Defendant. Defendant filed a motion to dismiss, arguing that Plaintiffs' claims were precluded because Decedent had not brought a timely personal injury lawsuit against Defendant, nor could she have at the time of her death as it would have been barred by the statute of limitations applicable to medical negligence claims. The circuit court granted the motion. The Court of Appeals reversed, holding (1) a wrongful death beneficiary's right to file a lawsuit is not contingent upon the decedent's ability to bring a timely negligence claim on the date of her death; and (2) Md. Code Ann. Cts. & Jud. Proc. 5-109 does not apply directly to a wrongful death action arising out of alleged medical malpractice, and thus it does not bar Appellants' wrongful death action. View "Mummert v. Alizadeh" on Justia Law