Justia Medical Malpractice Opinion Summaries

Ricky Koel sought emergency care at Citizens Medical Center in Colby, Kansas, after sustaining serious injuries to his right eye. He was evaluated by a triage nurse, a physician assistant, and Dr. Daniel Kuhlman, who suspected a possible globe rupture. Dr. Sam Funk, an optometrist, also examined Koel but did not confirm an open globe rupture. A CT scan indicated a possible globe rupture, but Dr. Kuhlman did not share these results with the specialists. Koel was discharged with instructions to see an ophthalmologist the next morning. Despite undergoing emergency surgery the following day, Koel ultimately lost vision in his injured eye.The United States District Court for the District of Kansas dismissed Koel's EMTALA claim, concluding that Citizens Medical Center did not violate the Act's requirements. The court granted summary judgment in favor of Citizens and declined to exercise supplemental jurisdiction over Koel's state-law claims.The United States Court of Appeals for the Tenth Circuit reviewed the case. The court held that Citizens Medical Center provided an appropriate medical screening examination within its capabilities and adhered to its own standard procedures, as required by EMTALA. The court also found that Citizens did not have actual knowledge of Koel's specific emergency medical condition (an occult globe rupture) and therefore was not obligated to stabilize him for that condition before discharge. The court affirmed the district court's summary judgment in favor of Citizens Medical Center. View "Koel v. Citizens Medical Center" on Justia Law

Plaintiff Leonard Lopez appealed after a bench trial on his medical negligence claims. Lopez underwent lower back surgery at the Veterans Administration Medical Center of Denver, Colorado (VA Hospital), in order to alleviate longstanding sciatic pain. Immediately following surgery, however, Lopez began experiencing excruciating pain in his left foot. Lopez has since been diagnosed with neuropathic pain syndrome. Lopez filed suit against the United States pursuant to the Federal Tort Claims Act alleging, in pertinent part, that: (1) Dr. Samuel Waller was negligent in performing the surgery; and (2) that the hospital was negligent in credentialing and privileging Dr. Glenn Kindt, the supervising physician involved in the surgery. At the conclusion of the trial the district court found in favor of the government on both claims. After review, the Tenth Circuit affirmed the district court’s judgment in favor of the United States on Lopez’s claim of medical negligence involving Waller, but reversed the district court’s judgment on the negligent credentialing and privileging claim. The case was remanded with directions to dismiss that claim for lack of jurisdiction. View "Lopez v. United States" on Justia Law