Justia Medical Malpractice Opinion Summaries

The Court of Appeals vacated the judgment of the court of special appeals reversing the decision of the trial court granting summary judgment to Defendants in this professional malpractice action, holding that the circuit court mistakenly applied Meda v. Brown, 318 Md. 418 (1990), in excluding Plaintiff's experts.In their motion for summary judgment, Defendants argued that there was no evidence or medical circumstances sufficient to allow an expert opinion "inference" that surgical negligence occurred in the underlying matter. After finding that the testimonies of Plaintiffs' expert witnesses were not admissible the Supreme Court granted summary judgment for Defendants. The court of special appeals reversed, finding that the trial court erred as a matter of law in excluding Plaintiff's expert witnesses. The Court of Appeals remanded the case with instructions to reverse the circuit court's judgment, holding that the circuit court erred in excluding the testimony of Plaintiff's expert witnesses. View "Frankel v. Deane" on Justia Law

The issue in this appeal is whether respondent Santa Barbara Cottage Hospital (Hospital) can be held liable for the alleged negligence of its staff physician. The physician’s patient, Plaintiff, appealed the judgment entered after the trial court granted Hospital’s motion for summary judgment. Plaintiff claimed that the physician had negligently injured him during surgery performed at Hospital. Plaintiff settled his malpractice action against the physician for $1 million, the maximum coverage under the physician’s professional liability insurance policy.   Based on actual agency and ostensible agency theories, Plaintiff sought to hold Hospital vicariously liable for the physician’s negligence. The Second Appellate District affirmed the judgment in Hospital’s favor. The court explained that for actual agency to exist, the principal must in some manner indicate that the agent is to act for him, and the agent must act or agree to act on his behalf and subject to his control. By producing the “Physician Recruitment Agreement” between Hospital and the physician, Hospital satisfied its initial burden of production as well as its burden of persuasion for summary judgment purposes. In his reply brief Plaintiff alleged, “Because of the extent of [Hospital’s] control over the physician’s practice of medicine, except for how he actually treated patients, the physician was an actual agent of Hospital.” Accordingly, summary judgment was properly granted as to Plaintiff’s claim of actual agency. For summary judgment purposes, Hospital satisfied its initial burden of production as well as its burden of persuasion that the physician was not its ostensible agent. View "Franklin v. Santa Barbara Cottage Hospital" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the trial court's denial of Harnett Health Systems, Inc.'s motion to dismiss this medical malpractice complaint for failure to comply with Rule 9(j) of the North Carolina Rules of Civil Procedure, holding that there was no error.Plaintiff filed a medical malpractice complaint as the administrator of her husband's estate, alleging that Harnett Health violated the standard of care applicable to her husband at the time he was treated for renal failure. Plaintiff identified as an expert witness Dr. Gary Harris. Harnett Health moved to disqualify and exclude Dr. Harris on the grounds that he did not qualify as a standard of care expert under N.C. R. Evid. 702. The trial court granted the motion and then entered summary judgment in favor of Harnett Health. The court of appeals affirmed. The Supreme Court affirmed, holding (1) there was sufficient evidence to support the conclusion that Plaintiff reasonably believed her Rule 9(j) expert witness was willing to testify that Harnett Health violated the standard of care in the ways alleged in her complaint; and (2) the court of appeals utilized the correct standard of review in examining the trial court's grant of Harnett Health's motion to exclude another witness. View "Miller v. Carolina Coast Emergency Physicians, LLC" on Justia Law

The Supreme Court reversed the opinion rendered by the court of appeals affirming the trial court's judgment entered upon the jury's verdict in favor of Defendants in this medical malpractice case, holding that it is appropriate to overrule Byrd v. Marion General Hospital, 202 N.C. 337 (1932), as it is applied to the facts of this case.During the preparation of an "ablation procedure" on three-year-old Amaya Gullatte's heart and shortly after she was induced with the anesthetic sevorflurance Amaya went into cardiac arrest, resulting in the onset of permanent brain damage, cerebral palsy, and profound developmental delay. During trial, the court excluded evidence offered by Plaintiffs intended to show that Certified Registered Nurse Anesthetist Gus Vansoestbergen breached the professional duty of care governing his participation in the preparation and administration of the course of anesthesia. The ruling was dictated by the application of the principle set forth in Byrd establishing that nurses categorically do not owe a duty of care under the circumstances of this case. The jury rendered a verdict in favor of Defendants. The Supreme Court reversed the trial court's exclusion of Plaintiffs' expert testimony, holding that it is appropriate to overrule Byrd as it is applied to the facts of this case. View "Connette v. Charlotte-Mecklenburg Hospital Authority" on Justia Law

This case involved a medical-malpractice suit brought by Jalena and Brian Taylor against Jalena’s OB/GYN, Dr. Donielle Daigle, and her clinic, Premier Women’s Health, PLLC. In 2017, Jalena was admitted to Memorial Hospital of Gulfport in active labor preparing to give birth. After pushing for two and a half hours, the baby’s head became lodged in the mother’s pelvis, and it was determined that a caesarean section was necessary. Following delivery of the child, Jalena’s blood pressure dropped, and her pulse increased. The nurses worked to firm Jalena’s uterus post delivery, but she continued to have heavy clots and bleeding. Jalena was given a drug to tighten the uterus, and an OR team was called to be on standby in the event surgery became necessary. Dr. Daigle called the OR team off after Jalena’s bleeding was minimal, and her uterus remained completely firm. But Jalena’s heart rate remained extremely elevated. Dr. Daigle allowed Jalena to go back to her room, and she checked her again, and the uterus was firm. A minute or two later, Jalena sat up and felt a gush of blood. Dr. Daigle prepared to perform a hysterectomy, There was still bleeding from the cervical area, which doctors decided they needed to amputate. Even after doing so, there was still bleeding because of a laceration extending into the vagina. When the vagina was sutured and incorporated into the repair of the vaginal cuff, the bleeding finally stopped. The Taylors allege that Dr. Daigle failed to adequately treat Jalena and, as a result, she cannot have any more children. A five-day jury trial was held in January 2021, and the jury returned a twelve-to-zero verdict in favor of Dr. Daigle and Premier. On appeal, the Taylors argued the trial court committed reversible error by: (1) refusing to grant their cause challenges of patients of Dr. Daigle and Premier, thus failing to give them a right to a fair and impartial jury; and (2) failing to find a deviation from the standard of care for failing to perform a proper inspection of a genital tract laceration. The Mississippi Supreme Court affirmed the jury verdict because it was reached on factual evidence in favor of Dr. Daigle and Premier by an impartial jury. "All twelve of the jurors agreed on the verdict, and the verdict was not against the overwhelming weight of the evidence. It should not be disturbed." View "Taylor v. Premier Women's Health, PLLC, et al." on Justia Law

The Court of Appeals affirmed the decision of the court of special appeals affirming the judgment of the circuit court granting summary judgment in favor of Defendants in this wrongful death action, holding that the lower courts correctly decided Plaintiff's claim because he pleaded a loss of chance case, which is not recognized in Maryland.After Stephanie Wadsworth died of breast cancer, Plaintiff, her husband, brought this survival action and wrongful death action against several healthcare providers, including Defendants. Defendants moved for summary judgment, asserting that the legal theory upon which Plaintiff's lawsuit was based - the loss of chance doctrine - was not recognized in Maryland. The trial court granted the motion. The Court of Appeals affirmed, holding that the circuit court correctly determined that Plaintiff's case was a loss of chance case, which is not recognized in Maryland. View "Wadsworth v. Sharma" on Justia Law

Lanclos was born in 1982 at the Keesler Air Force Base Medical Center. During childbirth, she was seriously injured and as a result, suffers from Athetoid cerebral palsy. The settlement agreement for Lanclos’s medical malpractice suit required the government to make lump sum payments to Lanclos’s parents and their attorney; Lanclos would receive a single lump sum payment followed by specific monthly payments for the longer of 30 years or the remainder of her life. The government would purchase an annuity policy to provide the monthly payments. The government selected Executive Insurance to provide the monthly annuity payments. Executive encountered financial difficulties and, in 2014, reduced the amount of the monthly payments by 42%. Lanclos estimates that the reduction will result in a shortfall of $731,288.81 from the amount described in the settlement agreement.The Court of Federal Claims reasoned that the “guarantee” language in the Lanclos agreement applies to the scheduled monthly structure of the payments but not the actual payment of the listed amounts and that the government was not liable for the shortfall. The Federal Circuit reversed. Under the ordinary meaning of the term “guarantee” and consistent with the agreement as a whole, the government agreed to assure fulfillment of the listed monthly payments; there is no reasonable basis to conclude that the parties sought to define “guarantee” or to give the term an alternative meaning. View "Lanclos v. United States" on Justia Law

In this medical malpractice case, the Supreme Court held that defendants do not violate the "One-Expert Rule" when offering the testimony of a treating physician on the standard of care, in addition to that of a retained or specially employed expert, when the testimony is based on the treating physician's personal observations and participation in providing treatment to the plaintiff.At issue was the One-Expert Rule set forth in Ariz. R. Civ. P. 26-(b)(4)(F)(i), which allows each side in a medical malpractice case presumptively to call only one retained or specially-employed expert to testify on the standard of care issue. The Supreme Court remanded this case for a new trial, holding (1) the trial court correctly declined to find a violation of the One-Expert Rule in this case; and (2) a treating physician dismissed on summary judgment is not an indispensable party to an appeal of the denial of a motion to name him a nonparty at fault. View "McDaniel v. Payson Healthcare Management, Inc." on Justia Law

Lesley Meyers, personal representative of the estate of Samuel Corrado, filed an action against Karen Rieck; Radi Gerbi; Shelby Nursing Center Joint Venture, doing business as Shelby Nursing Center; and others alleging that defendants were negligent and had committed medical malpractice in treating Corrado. Corrado, the decedent, was a patient at Shelby Nursing Center, a nursing home, in 2014. The nursing home had a standing order for patients with nausea that directed staff to, among other things, administer an antinausea medication and to notify the patient’s doctor immediately if the patient had more than one episode of vomiting in a 24-hour period. Pursuant to the standing order, Gerbi administered the antinausea medication to Corrado. Gerbi also attempted to call a physician, but when he was unable to reach the physician he went on break instead. Meyers, Corrado’s daughter, called the nursing home to have someone sent to Corrado’s room. When she was unsuccessful, Meyers went to the nursing home herself, where she found Corrado having difficulty breathing. Corrado was taken to the hospital, where he died from hypoxia due to aspiration. During discovery, plaintiff learned of the standing order and moved to amend the complaint to add to its ordinary-negligence claim allegations that Gerbi had failed to comply with the standing order to contact a physician after Corrado’s second vomiting episode. In response, Shelby Nursing Center moved to dismiss the new claim, arguing that the standing order was not evidence of ordinary negligence, could not be used to establish the standard of care in a medical malpractice claim, and could not be admitted as evidence in support of a medical malpractice claim. The trial court granted plaintiff’s motion to amend and denied Shelby Nursing Center’s motion to dismiss. The Court of Appeals reversed, holding that plaintiff’s proposed amended claim sounded in medical malpractice, rather than ordinary negligence. The Court of Appeals also concluded that the standing order could not be used to establish the standard of care for a medical malpractice claim and could not be admitted as evidence at trial. The Michigan Supreme Court concluded after review that plaintiff’s proposed amendment sounded in medical malpractice, and the standard of care in a medical malpractice action could not be established by the internal rules and regulations of the defendant medical provider. Those rules and regulations, however, might be admissible as evidence in determining the standard of care, provided that the jury is instructed that they do not constitute the standard of care. View "Estate of Corrado v. Rieck, et al." on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting Defendant's plea in bar to Plaintiff's negligence claim on the ground that he was protected by derivative sovereign immunity and granting Defendant's demurrer to Plaintiff's gross negligence claim because it was insufficiently pleaded, holding that there was no legal error in either of these decisions.Langston Patterson was an inmate in the Danville Adult Detention Center (DADC) when he suffered cardiac arrest and later died. The personal representative of his estate sued Defendant, the DADC physician, claiming that Defendant committed medical malpractice by failing to provide the necessary and appropriate care to Patterson. The circuit court granted Defendant's plea in bar to Plaintiff's negligence claim and Defendant's demurrer to Plaintiff's gross negligence claim. The Supreme Court affirmed, holding (1) there was no error of law or any irrationality in the fact-finding of the circuit court; and (2) Defendant's claim for gross negligence failed as a matter of law. View "Patterson v. City of Danville" on Justia Law