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The Supreme Court affirmed the court of appeals' denial of a writ of prohibition sought by Appellants against Cuyahoga County Court of Common Pleas Judge Dick Ambrose, holding that the judge had jurisdiction over a breach of contract case against Appellants, a law firm and its then named partners. A company sued Appellants for the deductible due under a malpractice insurance policy. The named partners moved for partial judgment on the pleadings, arguing that they were not individually liable for the debts of the partnership. Judge Ambrose denied the motion and allowed the case to proceed with the partners as named defendants. A jury found against Appellants. Appellants then filed a complaint for a writ of prohibition, arguing that Judge Ambrose exceeded his statutory authority by permitting the trial to go forward against the named partners. The court of appeals granted summary judgment to Judge Ambrose. The Supreme Court affirmed, holding that Appellants failed to show that Judge Ambrose's exercise of judicial power was unauthorized by law. View "State ex rel. Novak, LLP v. Ambrose" on Justia Law

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The issue this medical negligence case presented for the Delaware Supreme Court’s review centered on the dismissal of claims against two physicians on statute-of-limitations grounds, and whether that dismissal barred the prosecution of a timely filed claim based on the same underlying facts against the physicians’ employer under the doctrine of respondeat superior. The Superior Court, relying on the Supreme Court’s decision in Greco v. University of Delaware, 619 A.2d 900 (Del. 1993), ruled that the dismissal of the physicians effectively extinguished the claims against the physicians’ employer and therefore entered summary judgment in the employer’s favor. The Supreme Court found the Superior Court correctly read Greco, and under Greco’s teaching, the Superior Court’s dismissal was proper. In this en banc decision, however, the Supreme Court concluded Greco had to be overruled to the extent that it held that, if a plaintiff failed to sue the employee whose malpractice allegedly injured her within the statute of limitations, she was for that reason alone barred from suing the employer under principles of respondeat superior. Because in this case plaintiff sued the employer in a timely manner, settled principles of law authorized the plaintiff to proceed against that employer. “Although the plaintiff must of course prove her claim against the employer, including that the employee was negligent, the fact that she failed to sue the employee in a timely manner does not act to immunize the employer. Accordingly, we reverse the judgment of the Superior Court.” View "Verrastro v. Bayhospitalists, LLC" on Justia Law

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Gaston, an Illinois prisoner, first complained about pain in his left knee in May 2009. Drugs did not help. After some delay, Gaston saw an orthopedic surgeon in September 2010. An MRI exam was approved but not conducted until February 2011. In August 2011, Gaston had arthroscopic surgery. While Gaston’s left knee was healing, Wexford (the corporation that provides prison medical care) delayed approving an MRI of his right knee; one knee had to be sound before treatment of the other. In May 2012 Gaston had an MRI exam on the right knee. It showed serious problems. Another arthroscopic surgery occurred in October 2012. This did not bring relief. Arthroplasty (knee replacement) was delayed while specialists determined whether Gaston’s pulmonary and cardiology systems would handle the strain but took place in February 2015 and was successful. Gaston claimed that the delays while waiting for surgeries reflect deliberate indifference to his pain so that the pain became a form of unauthorized punishment in violation of the Eighth Amendment. Defendants offered evidence that the delays could be chalked up to a preference for conservative treatment before surgery and never to any desire to injure Gaston or indifference to his pain. The district court granted summary judgment to the individual defendants, ruling that none acted (or delayed acting) with the state of mind required for culpability. The Seventh Circuit affirmed and affirmed judgment in favor of Wexford. Private corporations, when deemed to be state actors in suits under 42 U.S.C. 1983, are not subject to vicarious liability. Wexford could be liable for its own unconstitutional policies, but the policies to which Gaston pointed, reflected medical judgment rather than a constitutional problem. View "Gaston v. Ghosh" on Justia Law

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Virginia Marshall and her husband filed a medical malpractice claim against Dr. Kenneth Dodds (a nephrologist), Dr. Georgia Roane (a rheumatologist), and their respective practices, alleging negligent misdiagnosis against both Dodds and Roane. The circuit court granted Dodds' and Roane's motions for summary judgment, ruling these actions were barred by the statute of repose. The Marshalls appealed, and the court of appeals reversed and remanded the cases for trial. The South Carolina Supreme Court held the Marshalls' claims for negligent acts that occurred within the six-year repose period were timely. View "Marshall v. Dodds" on Justia Law

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This case arose out of an allegedly negligent surgery performed on real party in interest Jamie Harper at the Modoc Medical Center. Harper did not present a claim to petitioner Last Frontier Healthcare District, doing business as the Modoc Medical Center (Last Frontier), within a year of her surgery. Respondent superior court originally granted Harper’s petition for relief from the claim presentation requirement based in part on its erroneous conclusion that Harper’s giving notice of her intent to sue extended the time to file her application for leave to present a late claim with Last Frontier. Last Frontier filed a petition for writ of mandate and/or prohibition with the Court of Appeal to challenge the superior court's order. The Court of Appeal issued an alternative writ and the trial court responded by issuing a new order properly denying Harper’s petition for relief from the claim presentation requirement: "Giving notice of an intent to file a medical malpractice action under Code of Civil Procedure section 364 does not alter the jurisdictional deadlines underlying an application for relief from the Government Claims Act requirement of presenting a timely claim to a public entity before bringing an action for damages against it." The Court of Appeal denied Last Frontier's petition for mandamus relief because the relief requested was no longer needed. View "Last Frontier Healthcare Dist. v. Superior Ct." on Justia Law

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L.M. suffered a severe injury during birth and subsequently sued Laura Hamilton, the midwife who delivered him, for negligence. Hamilton prevailed at trial. On appeal, L.M. argued the trial court erred by admitting evidence that natural forces of labor could have caused the injury and testimony from a biomechanical engineer to the same effect. L.M. argued the trial court should have excluded the evidence under Frye v. United States, 293 F. 1013 (1923), and the testimony under ER 702. The Washington Supreme Court found that under Frye, the trial court had to exclude evidence that was not based on generally accepted science. And under ER 702, the trial court had to exclude testimony from unqualified experts and testimony that was unhelpful to the jury. L.M.'s challenge concerned the extent to which the challenged science had to be "generally accepted." And his ER 702 challenge hinged on the amount of discretion an appellate court granted a trial court under the rule. Finding the trial court did not abuse its discretion in admitting the challenged evidence, the Washington Supreme Court affirmed the trial and appellate courts. View "L.M. v. Hamilton" on Justia Law

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The Supreme Judicial Court affirmed the judgment of the superior court in favor of Plaintiff on his claim for medical malpractice against Timothy Pruchnic, M.D. and Eastern Maine Medical Center (collectively, Defendants), holding that the jury did not award excessive damages and that the trial court committed no error in the proceedings below. Specifically, the Court held (1) contrary to Defendants’ contentions, there was competent evidence in the record to support the trial court’s determination that there was a rational relationship between the evidence presented and the jury’s damage award; (2) the trial court did not err in giving a jury instruction pursuant to Lovely v. Allstate Insurance Co., 658 A.2d 1091 (Me. 1995); (3) the trial court acted correctly in redacting several radiology reports; and (4) the trial court did not err by instructing the jury to disregard all references to workers’ compensation after allowing some references to workers’ compensation to be made throughout the trial. View "Nason v. Pruchnic" on Justia Law

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The Supreme Court affirmed the decision of the court of appeals affirming the ruling of the district court denying Plaintiff’s motion for a new trial after the jury returned a unanimous verdict finding that Defendant was not negligent, holding that Plaintiff was not prejudiced by the district court’s failure to respond in the affirmative to a certain jury question. Plaintiff suffered a disabling stroke while confined in a halfway house. Plaintiff sued both the halfway house and an attending emergency room physician at a nearby hospital. Plaintiff settled with the halfway house before trial, and the case proceeded to trial against the physician. During deliberations, the jury asked, “If we attribute 25% fault to [the physician] and 75% to [the halfway house] would [the plaintiff] only get 25% since [the halfway house] has been released?” The district court answered by directing the jury back to the original instructions, which did not explain the effect of any fault allocation. The jury returned a verdict finding Defendant not negligent. On appeal, Plaintiff argued that the district court should have answered “yes” to the jury’s question. The court of appeals affirmed. The Supreme Court affirmed, holding that the district court probably should have given an affirmative answer but that there was no prejudice. View "Mumm v. Jennie Edmundson Memorial Hospital" on Justia Law

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Courtney had a CT scan performed at CDI’ diagnostic imaging facility. The radiologist, Webster, an independent contractor hired by MSC, missed Courtney’s rectal cancer. Courtney's cancer festered for over a year before being diagnosed, having metastasized to her lungs and liver. CDI claimed that it could not be held liable because CDI did not directly employ Webster. The district court rejected this argument and applied Indiana’s apparent agency precedent, which instructs that a medical provider is liable if a patient reasonably relied on its apparent authority over the wrongdoer. The jury returned a $15 million verdict. The Seventh Circuit affirmed, first explaining that CDI had not registered under Indiana’s Medical Malpractice Act, which limits liability for registered qualified health care providers and requires the presentation of a proposed complaint to a medical review panel before an action is commenced in court. MSC and Walker had registered as qualified health care providers, so the Websters had filed a complaint against them with the Indiana Department of Insurance. Courtney testified that she had no idea about the contractual relationships among MSC, CDI, and Dr. Walker and she was never provided information that the physician who would be interpreting her CT scan was not subject to CDI’s control or supervision. View "Webster v. CDI Indiana, LLC" on Justia Law

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The Supreme Court reversed the judgment of the circuit court against St. Luke’s Surgicenter-Lee’s Summit LLC on a negligent credentialing claim brought by Thomas and Paula Tharp, holding that the Tharps failed to make a submissible case of negligent credentialing. Thomas Tharp suffered injuries when a surgeon operating out of St. Luke’s damaged his hepatic duct and common bile duct. The Tharps filed suit against the surgeon and St. Luke’s and then settled with the surgeon. The Tharps proceeded to trial against St. Luke’s on the claim that St. Luke’s negligently granted the surgeon staff privileges at its hospital. The jury returned a verdict in favor of the Tharps, and the circuit court entered judgment in favor of the Tharps. The Supreme Court reversed, holding that there was insufficient evidence to support the Tharps’s negligent credentialing claim. View "Tharp v. St. Luke's Surgicenter-Lee's Summit, LLC" on Justia Law