Justia Medical Malpractice Opinion Summaries

Diane Truddle, as mother and wrongful-death beneficiary of Eric Carmichael, sued Baptist Memorial Hospital-Desoto, Inc., and Dr. Sunil Malhotra after Carmichael committed suicide upon being discharged from Baptist. The trial court granted summary judgment in favor of Baptist and Dr. Malhotra and entered a final judgment in their favor as a matter of law. Truddle appealed. Finding no error in the trial court's grant of summary judgment to defendants, the Supreme Court affirmed. View "Truddle v. Baptist Memorial Hospital-Desoto, Inc." on Justia Law

Plaintiff filed a medical malpractice action against Defendant, an oral maxillofacial surgeon, after Defendant’s thwarted attempted to extract three of Plaintiff’s wisdom teeth resulted in permanent numbness in Plaintiff’s lower left jaw area. Plaintiff contended that Defendant was negligent in failing to properly diagnose the condition of his wisdom teeth and in recommending and performing the teeth extractions. The jury rendered a verdict for Plaintiff. Defendant appealed, arguing that the circuit court erred in excluding evidence of the risk of surgery discussions between him and Plaintiff. The Supreme Court affirmed, holding that the circuit court did not err in excluding from evidence Defendant’s risk of surgery discussions with Plaintiff. View "Fiorucci v. Chinn" on Justia Law

This was a medical malpractice case arising out of the treatment of Rosamond Mattox at Life Care of Lewiston (LCL). The plaintiff-appellant, Rosamond's son Gene Mattox, claimed that LCL's sub-standard care caused his mother's death. The district court excluded Gene's experts' affidavits after concluding that they failed to demonstrate actual knowledge of the applicable standard of health care practice. The district court then granted summary judgment in favor of LCL. Upon review, the Supreme Court concluded the district court erred in granting summary judgment: "[t]he affidavits here were clearly admissible. Both affidavits establish actual knowledge of the applicable standard of health care practice and the means by which [the experts] became familiar with that standard. The affidavits should have been admitted and, had they been, they present[ed] genuine issues of material fact that would preclude summary judgment." View "Mattox v. Life Care Centers of America" on Justia Law

Jami and Ryan Conner appealed the district court's grant of summary judgment dismissing their claims for medical malpractice, breach of contract, and loss of consortium. The Conners alleged that Jami unexpectedly became pregnant due to Dr. Bryan Hodges' negligent performance of a bilateral tubal ligation. The district court concluded that the medical malpractice claim was barred by a two-year statute of limitations, as Jami suffered some damage that was objectively ascertainable at the time of the surgery. Upon review, the Supreme Court affirmed the district court's grant of summary judgment dismissing the Conners' breach of contract and consortium claims but vacated the judgment dismissing the medical malpractice claim. View "Conner v. Hodges" on Justia Law

Lisa Allred alleged that she sustained second and third-degree burns as a result of a lithotripsy procedure performed by Dr. Ronald Saunders. Lisa and Marlin Allred brought a medical malpractice suit against American Fork Hospital and Dr. Saunders. During discovery, Plaintiffs sought production of Dr. Saunders’ credentialing file from the Hospital, as well as the Hospital’s internal incident file concerning the lithotripsy procedure. The Hospital objected, asserting that the peer-review and care-review privileges protected the requested files from discovery. The district court (1) ruled that Dr. Saunders’ credentialing file was not privileged and ordered the Hospital to produce it; and (2) ordered the Hospital to produce the incident file for in camera review for the trial court to determine whether the documents were privileged. The Hospital and Dr. Saunders sought review. The Supreme Court (1) held Utah R. Civ. P. 26 creates an evidentiary privilege and remanded the matter for consideration of whether the items contained in Dr. Saunders’ credentialing file and the Hospital’s incident file were privileged from discovery under the amended Rule 26; and (2) held that the district court may undertake in camera review of any questionably-withheld material. View "Allred v. Saunders" on Justia Law

This appeal stemmed from a medical malpractice claim brought by Scott and Meri Bybee against Dr. Patrick Gorman. The district court granted Dr. Gorman's motion for summary judgment after concluding that the Bybees' medical expert had failed to show adequate familiarity with the applicable standard of health care practice in the relevant community as required by Idaho Code sections 6-1012 and 6-1013, rendering his opinion inadmissible. Finding that the trial court erred by that decision, the Supreme Court vacated the judgment and remanded the case for further proceedings. View "Bybee v. Gorman" on Justia Law

Illinois prisoner Wheeler sued the prison’s medical director, Dr. Talbot, for alleged deliberate indifference to serious medical needs, 42 U.S.C. 1983. Wheeler claims that he experiences excruciating pain from “large and protruding” keloids (growths of scar tissue) on his chest, hips, and legs; that he tested positive for a stomach infection caused by the bacterium helicobacter pylori; and that Dr. Talbot ignored both conditions. The district court allowed the keloid claim to proceed but dismissed the h. pylori claim because the blood-test results that Wheeler attached to his complaint establish that he tested negative for the infection. The court then denied a motion requesting an order requiring Dr. Talbot to refer Wheeler immediately to “a suitable doctor.” The Seventh Circuit affirmed. Even ignoring the lack of advance notice to Dr. Talbot, there was enough in the record to demonstrate that immediate referral was unwarranted. The limited evidence established neither that Wheeler will experience irreparable harm without a preliminary injunction nor that his deliberate-indifference claim against Dr. Talbot has a reasonable likelihood of success. View "Wheeler v. Talbot" on Justia Law

Steven Kraselsky, personal representative of the estate of his deceased mother Marcia Kraselsky, sued Dr. Calderwood and Dr. Calderwood's employer, Huntsville Clinic, alleging that Marcia died as a result of Dr. Calderwood's order that Marcia be given Demerol in spite of the fact that Dr. Calderwood knew she had previously professed to having an allergy to Demerol. The trial court entered a summary judgment in favor of Dr. Calderwood and Huntsville Clinic, and Steven appealed that judgment to the Supreme Court. "Assuming, arguendo, that Dr. Calderwood breached the standard of care by ordering that Demerol be administered to Marcia, and, noting again that Dr. Calderwood strongly contests that fact, the summary judgment entered by the trial court is nevertheless due to be affirmed because there is no evidence in the record indicating that the administration of the Demerol to Marcia proximately caused the decline in her health leading to her death." View "Kraselsky v. Calderwood" 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

Plaintiffs filed a medical malpractice complaint in the Puerto Rico Court of the First Instance then voluntarily dismissed their suit and re-filed in federal court. In their federal complaint, Plaintiffs named as defendants Hospital Damas, Inc., various hospital employees, and several unnamed entities. Six weeks before the scheduled start of trial, Plaintiffs filed a motion to amend their complaint to include Fundacion Damas, Inc. as a defendant. The district court denied Plaintiffs’ motion because of Plaintiffs’ undue delay in moving to amend. The First Circuit affirmed, holding that the district court did not abuse its discretion in concluding that Plaintiffs failed to act with sufficient speed in seeking to add the new defendant. View "Perez v. Hosp. Damas, Inc." on Justia Law