Justia Medical Malpractice Opinion Summaries

Dr. Thomas A. Staner, a board-certified neurosurgeon and neurologist, performed a lumbar laminectomy on Wilfred Borden at Brookwood Medical Center. Two days later, he complained of excruciating pain in his lower back and legs. He was taken to the emergency room. A hematoma was discovered and causing compression of the cauda equina. As a result of the damage caused by the hematoma, Wilfred was permanently disabled and unable to work, suffered from constant pain, had problems walking, and suffered from incontinence of bladder and bowel and from impotence. Wilfred and Pam sued Dr. Staner, Alabama Neurosurgeons, P.C., Dr. Staner's practice, and Brookwood in the Jefferson Circuit Court. Wilfred asserted a claim under the Alabama Medical Liability Act against the defendants, and Pam asserted a claim based on loss of consortium. Brookwood filed a motion for a summary judgment. The trial court entered an order granting Brookwood's summary-judgment motion as to any claim alleging a duty and breach of the standard of care on the part of Brookwood's ER department. However, it denied the motion for a summary judgment as to the Bordens' claims against Brookwood based an alleged breach of the standard of care by Brookwood's medical/surgical nurses. At the close of the Bordens' evidence, Brookwood moved for a judgment as a matter of law. The trial court granted the motion as to the issue of future medical expenses but denied it as to the Bordens' remaining claims. Brookwood renewed its motion for a judgment as a matter of law at the close of all the evidence, and the trial court denied that motion. After deliberating for approximately six hours, the jury returned a verdict in favor of Wilfred as to his medical malpractice claim and fixed damages at $5 million. It also found in favor of Pam as to her loss-of-consortium claim and fixed damages at $2.5 million. The trial court entered a judgment on the jury's verdict. Brookwood appealed. In this case, the Bordens did not present expert testimony to establish a breach of the applicable standard of care. Therefore, Supreme Court concluded that the trial court erred when it denied Brookwood's motions for a judgment as a matter of law as to Wilfred's medical-malpractice claim. The case was remanded for the trial court to render judgment as a matter of law in favor of Brookwood. View "Brookwood Medical Center v. Borden" on Justia Law

Anita Marion sued Noland Hospital Birmingham, LLC, and Noland Health Services, Inc. (collectively, "Noland"), Walter R. Ross, Jr., M.D., and Bernis Simmons, M.D., seeking damages resulting from the death of her husband, Arthur Marion. In 2009, Arthur underwent a kidney-stone removal procedure. Dr. Taylor Bragg performed the procedure, and Simmons was the anesthesiologist. During the procedure, Arthur suffered a heart attack. Arthur was revived, but the heart attack caused him to suffer hypoxic encephalopathy, which left him in a non-responsive state. Arthur was transferred to Noland Hospital Birmingham and was admitted by Ross. Arthur remained at Noland Hospital until he was transferred back to the hospital that originally treated him to receive dialysis for renal failure. Arthur passed away shortly transfer. The essence of Anita's claim against Simmons was that he breached the applicable standard of care by failing to position Arthur properly during his kidney-stone-removal procedure, and that breach caused Arthur's blood to be unable to circulate properly, which in turn caused Arthur's heart attack and hypoxic encephalopathy. As to Ross, Anita claimed that he breached the applicable standard of care by prescribing Rocephin, an antibiotic, to treat an infection Arthur was developing. Arthur had a documented allergy to Ancef, which, like Rocephin, was a cephalosporin. Anita alleged that Ross failed to note Arthur's allergy, and that, if Dr. Ross had noted the allergy, he would not have prescribed a cephalosporin to treat Arthur's infection. As to Noland, Anita alleged the hospital breached the applicable standard of care by failing to train its nurses to check for contraindications to medications. On October 3, 2014, the third day of jury deliberations, Ross, Simmons, and Noland moved for a mistrial, arguing that the trial court (specifically, the court clerk) answered questions from the jury outside the presence of counsel. The court denied the motion. The jury returned a verdict in favor of Simmons but against Ross and against Noland. Noland and Ross each filed a postjudgment motion for a judgment as a matter of law, or, in the alternative, for a new trial, or to alter or amend the judgment. In those motions, Noland and Ross argued again that they were entitled to a new trial because of the trial court's communications with the jury. The trial court denied the motions. Ross, Noland and Anita appealed, Anita explicitly stating in her notice of appeal that she was not challenging the jury's verdict as to Simmons; only that, if the Supreme Court reversed the judgments in her favor against Ross and Noland and remanded the case for a new trial, her claim against Simmons be reinstated too. The Supreme Court reversed, finding that Anita made no attempt to address Ross's and Noland's allegations that the trial court instructed the jury as to the burden of proof outside the presence of the parties and counsel. Because the Court reversed as to Ross and Noland, the Court considered Anita's claim against Simmons, and declined her request. The case was remanded for a new trial. View "Ross v. Marion" on Justia Law