Justia Medical Malpractice Opinion Summaries

Respondent filed a medical negligence lawsuit alleging that Appellants negligently failed to timely drain Respondent’s prostate abscess, causing the abscess to rupture. After a trial, the jury returned a verdict in Respondent’s favor. The Supreme Court affirmed, holding (1) Appellants did not preserve for review their argument that the trial court erred in admitting into evidence certain videotaped deposition testimony; (2) the trial court did not err in failing to find that the verdict was excessive due to jury passion and prejudice or because it exceeded fair and reasonable compensation for Respondent’s injuries; and (3) the Court will not address Appellants’ constitutional challenge to Mo. Rev. Stat. 538.300, which prohibits defendants in medical negligence cases from seeking remittitur, because the statutory prohibition in section 538.300 was not implicated in this case. View "Stewart v. Partamian" on Justia Law

Joan Johnson, as personal representative of the Estate of Herman B. Johnson, and Marguerite Johnson, Herman Johnson's widow, appealed a district court's grant of summary judgment dismissing their action against Mid Dakota Clinic. On the morning of December 18, 2012, Herman Johnson experienced confusion and swelling of his legs and calves. That morning, Joan Johnson, Herman Johnson's daughter and attorney-in-fact, called the Veteran's Administration Clinic to schedule an appointment for Herman, but the VA Clinic did not return her call. As a result, Joan Johnson called Mid Dakota to schedule an appointment. Although she had requested a specific doctor, she was advised she would not be able to see him that day and was given an appointment with Donald Grenz, M.D. later that afternoon. Upon arriving at Mid Dakota Clinic at Gateway Mall, Joan and Herman Johnson checked in with the receptionist approximately seven minutes late for the appointment. Because they were more than five minutes late, they were told Dr. Grenz would not see them but they could reschedule with Dr. Grenz for another day or go to the emergency room or the "Today Clinic," a walk-in clinic within Mid Dakota's main clinic downtown. Joan and Herman Johnson subsequently left the clinic to seek alternative care. Upon entering the east vestibule of the Gateway Mall, Joan Johnson decided to seek the assistance of the VA Clinic, which was located in the mall immediately adjacent to Mid Dakota. As Joan and Herman Johnson turned to re-enter the mall, Herman Johnson fell and hit his head on the floor of the vestibule. As a result, he suffered a laceration along his forehead. Joan Johnson then returned to Mid Dakota and announced that Herman Johnson had fallen and was injured. A registered nurse employed by Mid Dakota assisted Herman Johnson until he was taken by ambulance to St. Alexius Medical Center and was admitted for observation. While Herman Johnson was hospitalized, he suffered two episodes of respiratory arrest, and he died on December 27, 2012. The Johnsons sued Mid Dakota for negligence, breach of contract and professional negligence. Because the Johnsons failed to present sufficient evidence to raise genuine issues of material fact precluding summary judgment, the Supreme Court affirmed the district court's judgment. View "Johnson v. Mid Dakota Clinic, P.C." on Justia Law

Ronald Hines was a Texas-licensed veterinarian who practiced since the mid-1960s. He worked mainly in traditional veterinary practices until he retired in 2002. After his retirement, he founded a website and began to post articles about pet health and care. These general writings soon turned to more targeted guidance and, as he acknowledged in his complaint, he began “to provide veterinary advice to specific pet owners about their pets.” This advice was given via email and telephone calls, and Hines “never physically examine[d] the animals that are the subject of his advice,” though he did review veterinary records provided by the animal owners. Texas required veterinarians to conduct a physical examination of an animal or its premises before they can practice veterinary medicine with respect to that animal. In 2012, the Texas Board of Veterinary Medical Examiners informed Hines that by providing veterinary advice without a physical examination, he had violated Texas law. Hines eventually agreed to: abide by the relevant state laws, including the physical examination requirement, one year of probation; a stayed suspension of his license; a $500 fine; and to retake the jurisprudence portion of the veterinary licensing exam. Hines thereafter filed suit in federal court, seeking declaratory and injunctive relief. He argued that the physical examination requirement violates his First Amendment right to free speech as well as his rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The Board moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). The district court granted the Board’s motion in part and denied it in part. With respect to the equal protection claim, the court concluded that because the law did not discriminate on the basis of any suspect classification, the count was evaluated pursuant to rational basis review, and held that the physical examination requirement passed that deferential standard. The court dismissed Hines’s substantive due process claim for similar reasons. The district court denied the motion to dismiss the First Amendment claims. It recognized that states have broad power to regulate professionals, but determined that because the physical examination requirement “regulate[s] professional speech itself,” it is subject to the First Amendment. Relying on federal Supreme Court precedent, the district court held that Hines had stated a plausible claim that the Board had infringed his First Amendment rights. The Board moved to certify for interlocutory review the district court’s order. The issue this case presented for the Fifth Circuit's review thus centered on whether Hines' First or Fourteenth Amendment rights were violated. The Court concluded it offends neither, reversing the district court’s denial of the defendants’ motion to dismiss the plaintiff’s First Amendment counts and affirming the district court’s granting of the defendants’ motion to dismiss the plaintiff’s Fourteenth Amendment counts. View "Hines v. Alldredge" on Justia Law

In 2008 Knox, the mother of Keys and the sister of Smith underwent surgery on her thyroid. When Knox was transferred from a post-anesthesia care unit to a medical-surgical unit, a nurse noticed Knox’s breathing was “noisy,” and called the hospital’s rapid assessment team to evaluate her. During the medical team’s efforts Knox was without a pulse for a number of minutes and as a result of her blocked airway, she suffered a permanent brain injury. She died after life support was withdrawn. A jury awarded Keys and Smith damages on their claims for negligent infliction of emotional distress. The court of appeal affirmed, rejecting an argument that there was no evidence to support the jury’s finding that plaintiffs meaningfully comprehended the medical negligence that led to the death of their family member at the time the negligence was occurring. View "Keys v. Alta Bates Summit Med. Ctr." on Justia Law

Christian Westby, James Westby, and Kristina Westby appealed the district court’s denial of their motion to reconsider the court’s protective order granted to Mercy Medical Center and Dr. Gregory Schaefer. This case arose from the Westbys’ claim that Dr. Schaefer’s and Mercy Medical’s negligence resulted in lifelong brain damage to Christian Westby. Near the end of discovery, the district court granted Mercy Medical and Dr. Schaefer’s protective order motion to prohibit the Westbys from deposing Mercy Medical and Dr. Schaefer’s expert witnesses. The district court later denied the Westbys’ motion to reconsider that protective order. The Westbys argued on appeal to the Supreme Court that the district court abused its discretion by not requiring any showing of good cause or unreasonable delay and basing its decision on a mistaken belief that the Westbys were dilatory. The Supreme Court agreed that the trial court erred, vacated the order and remanded the case for further proceedings. View "Westby, et al v. Schaefer, M.D." on Justia Law

The Illinois Department of Financial and Professional Regulation (Department) permanently revoked the health care licenses of physicians (plaintiffs) pursuant to the Department of Professional Regulation Law (20 ILCS 2105/2105-165) as a result of plaintiffs’ prior misdemeanor convictions for battery and criminal sexual abuse of their patients. The circuit court of Cook County dismissed their challenges. The appellate court and the Illinois Supreme Court affirmed, rejecting claims that the Act: did not apply to individuals who were convicted of a triggering offense prior to the Act’s effective date; was impermissibly retroactive and impaired certain fundamental rights, in violation of substantive due process; violated procedural due process; was unenforceable based on the res judicata effect of the previous discipline imposed by the Department; violated federal and state constitutional protections against double jeopardy; violated the constitutional prohibition against bills of attainder; violated the federal takings clause; and violated federal and state constitutional prohibitions against ex post facto law. View "Hayashi v. IL Dep't of Fin. & Prof'l Regulation" on Justia Law

In August 2002, plaintiff William Vaughan went to the emergency room at St. Vincent Hospital complaining of symptoms that included abdominal pain. In this medical negligence case, Vaughan alleged that, as the result of a communication failure between a surgeon and a contract radiologist, St. Vincent failed to tell Vaughan about a cancer diagnosis. The district court granted summary judgment for St. Vincent because Vaughan did not specifically plead vicarious liability relating to the radiologist, St. Vincent's apparent agent, and failed to establish a genuine issue of material fact through expert testimony. After review, the Supreme Court reversed and remanded, holding that Vaughan's complaint adequately notified St. Vincent that one or more of its employees or agents was negligent and that genuine issues of material fact required resolution at a trial on the merits. View "Vaughan v. St. Vincent Hospital" on Justia Law

In a medical malpractice action, the issue before the Supreme Court centered on whether the Superior Court erred by denying appellants' motion for judgment as a matter of law, and by excluding certain evidence. Dr. Jennifer Barlow performed a Caesarean section on Laura Cooney-Koss to deliver her baby. There were no apparent complications from the delivery, and Laura was discharged from the hospital three days later. A month later, Laura experienced heavy vaginal bleeding, and she returned to the hospital. In an attempt to slow or stop her bleeding, a hospital physician determined that Laura would need a dilation and evacuation (D&E) procedure. Dr. A. Diane McCracken performed the D&E; further attempts to stop the bleeding were unsuccessful. McCracken decided to perform a hysterectomy, believing that Laura would die otherwise. The doctor removed Laura's uterus, and Laura eventually stopped bleeding. Laura and her husband, Jerome Koss, filed a complaint against McCracken, Barlow, their employer, All About Women of Christiana Care, Inc., and Christiana Care Health Services, Inc., alleging that McCracken negligently failed to undertake an appropriate number of conservative treatment options to stop Laura's bleeding before performing the hysterectomy, which was unnecessary. After trial, the jury returned a verdict in favor of the Kosses. The Superior Court denied McCracken's motions for judgment as a matter of law or for a new trial. Upon review of the Koss' arguments on appeal, the Supreme Court concluded that the trial court correctly determined that appellees' medical expert evidence supported a verdict in their favor. Thus, its denial of the motion for judgment as a matter of law is affirmed. The trial court's evidentiary rulings, however, constituted an abuse of discretion requiring a new trial. View "Cooney-Koss v. Barlow" on Justia Law

Chhibber, an internist, operated a walk‐in medical office on the south side of Chicago. For patients with insurance or Medicare coverage, Chhibber ordered an unusually high volume of diagnostic tests, including echocardiograms, electrocardiograms, pulmonary function tests, nerve conduction studies, carotid Doppler ultrasound scans and abdominal ultrasound scans. Chhibber owned the equipment and his staff performed the tests. He was charged with eight counts of making false statements relating to health care matters, 18 U.S.C. 1035, and eight counts of health care fraud, 18 U.S.C. 1347. The government presented witnesses who had worked for Chhibber, patients who saw him, and undercover agents who presented themselves to the Clinic as persons needing medical services. Chhibber’s former employees testified that he often ordered tests before he even arrived at the office, based on phone calls with staff. Employees performed the tests themselves with little training, and the results were not reviewed by specialists; normally, the tests were not reviewed at all. Chhibber was convicted of four counts of making false statements and five counts of health care fraud. The Seventh Circuit affirmed, rejecting challenges to evidentiary rulings.View "United States v. Chhibber" on Justia Law

E.Y., a child, was diagnosed with diplegic cerebral palsy. His mother alleges that E.Y.’s illness resulted from medical malpractice by the federally-funded Friend Family Health Center, where she received her prenatal care, and the private University of Chicago Hospital, where she gave birth. Federal law makes a suit against the Center a suit against the United States under the Federal Tort Claims Act (FTCA) that had to be filed within the FTCA’s two-year statute of limitations, 28 U.S.C. 2401(b). The district court granted summary judgment for the government, finding that the suit was filed about two weeks too late. The mother argued that although she was aware she might have a claim against the University Hospital more than two years before filing this suit, she remained unaware that the Friend Center might be involved until she received a partial set of medical records on December 14, 2006, making her suit timely. The Seventh Circuit reversed. A reasonable trier of fact could find that Ms. Wallace the mother was unaware and had no reason to be aware of the Friend Center’s potential involvement in her son’s injuries until less than two years before she filed suit. View "E. Y., v. United States" on Justia Law