Justia Professional Malpractice & Ethics Opinion Summaries

In 2001, the decedent presented to the Wetzel County Hospital Emergency Room in New Martinsville and came under the care of Dr. Murthy, a surgeon; she slipped into shock and died the next day. Her estate filed a medical negligence action, alleging that Murthy failed to perform exploratory surgery to identify, diagnose and correct the decedent’s “intraabdominal condition.” A jury awarded $4,000,000 in compensatory damages. After the trial, the circuit court allowed amendment of the complaint to add Murthy’s insurance carrier, Woodbrook, alleging that Woodbrook made all relevant decisions for Murthy’s defense and acted vexatiously and in bad faith. Following a remand, Murthy paid a reduced judgment, plus interest, in the total amount of $1,162,741.60 and filed motions in limine to preclude certain matters from consideration on the issue of attorney fees and costs, including an unrelated case that resulted in a $5,764,214.75 verdict against Dr. Murthy in March 2007. The court dismissed Woodbrook as a party-defendant and awarded the estate attorney fees and costs. The precise calculation was to be later determined. The Supreme Court of Appeals of West Virginia reversed, concluding that the lower court’s reliance on certain conduct by Murthy did not justify the award. View "Murthy v. Karpacs-Brown" on Justia Law

Dr. Lozano treated Andrade during her pregnancy and delivered her daughter at Women’s Hospital at Renaissance in Edinburg. The delivery was complicated by the baby’s shoulder dystocia, and Dr. Lozano allegedly engaged in excessive twisting. Andrade sued Lozano, alleging that his negligence caused the child permanent injury, including nerve damage and permanent paralysis of one arm. Andrade later added Renaissance, a limited partnership that owned and operated the Hospital, and RGV, Renaissance’s general partner. Lozano, an independent contractor with admitting privileges at the Hospital, was a limited partner in Renaissance. The Andrades settled with Lozano and nonsuited their claims against Renaissance. RGV moved for summary judgment, arguing that they were not liable for Lozano’s conduct because he was not acting within the scope of the partnership or with partnership authority when providing obstetrical care to Andrade, Tex. Bus. Org. Code 152.303. The trial court denied the motion. The Supreme Court of Texas reversed. The ordinary course of the partnership’s business does not include a doctor’s medical treatment of a patient and that the doctor was not acting with the authority of the partnership in treating the patient; the partnership cannot be liable for the doctor’s medical negligence. View "Doctor Hosp. at Renaissance, Ltd. v. Andrade" on Justia Law

A baby died after being delivered by emergency caesarean section. About six months before actually filing suit, the plaintiffs voluntarily served an expert report concurrently with a pre-suit notice letter. After filing suit, the plaintiffs attempted to serve the same previously served expert report on the defendant but mistakenly served another report— from the same expert but addressing a different patient, doctor, and claim. The defendant made no objection, but waited for passage of the 120-day deadline before moving to dismiss under the Texas Medical Liability Act (Act), Tex. Civ. Prac. & Remedy Code 74.051, which requires claimants pursuing a healthcare liability claim to serve an expert report on each party no later than the 120th day after filing an original petition. The trial court denied that motion. The court of appeals reversed, holding that the plaintiffs failed to timely serve a qualifying expert report. The Supreme Court reversed, reinstating denial of defendants’ motion. Nothing in the Act compels the conclusion that a plaintiff cannot satisfy the expert-report requirement through pre-suit service of an otherwise satisfactory expert report. Moreover, the court of appeals’ conclusion frustrates the Act’s purpose, which is to eliminate frivolous healthcare liability​ claims, not potentially meritorious ones. View "Hebner v. Reddy" on Justia Law

In 1988, Department of Professional Regulation investigator visited Gekas, a Springfield, Illinois dentist, and expressed concern that Gekas had administered nitrous oxide to a child. He ordered Gekas to provide information on all prescriptions on a continuing basis. Gekas contacted Deputy Governor Riley for assistance. After a meeting, the Department imposed less onerous requirements. In 2002, a Department investigator raided Gekas’ offices, with the assistance of the Federal Drug Enforcement Agency. After failed negotiations, the Department issued a cease and desist order against Gekas for the unlicensed practice of medicine and prescribing controlled substances while not a licensed physician and sought to have his license suspended, on grounds that Gekas had prescribed 4,600 doses of Hydrocodone and Vicoprofen to a patient. Gekas contacted his Senator. In 2008, the cease-and-desist was vacated and the complaint dismissed. Gekas submitted a FOIA request concerning the administrative complaint. The Department responded that no public documents were available. In 2009, Gekas filed suit; it was dismissed by stipulation in 2010. Meanwhile, a Chairman on the Illinois Board of Dentistry issued subpoenas against Gekas, stating that there was reasonable cause to believe that Gekas had violated the Illinois Dental Practice Act. Gekas filed suit, alleging First Amendment retaliation. The district court granted defendants summary judgment, finding no evidence of retaliatory motive. The Seventh Circuit affirmed. View "Gekas v. Vasiliades" on Justia Law

Jesse's father, Crow, a retired physician, was aware that Jesse had a history of fights and arrests, including brandishing a gun on the highway. Crow first met Ryann after she married Jesse and saw her fewer than 10 times. Once, Crow went to their house and found the couple intoxicated. Ryann was in pain and stated that her foot had been run over by a stranger. Crow’s wife arranged for Ryann to see Dr. Williams. Ryann’s injuries were consistent with her explanation. Ryann did not mention abuse. Ryann’s mother, Pipitone, later learned that Jesse had run over Ryann’s foot. Jesse, with help from Crow, paid Ryann $5,000. Ryann signed an agreement, stating that the incident was an accident; Pipitone signed as a witness. Pipitone eventually reported the abuse to the police. Ryann’s sister also reported. Ryann was not cooperative. Ryann admitted that Jesse had deliberately run her over, that she felt threatened, and that he had “guns and a lot of illegal things.” Six months after their marriage Jesse murdered Ryann, and with assistance, dismembered and dumped her body into the San Francisco Bay. Jesse committed suicide in jail. Pipitone brought a wrongful death action against Doctors Crow and Williams for failure to report suspected abuse under Penal Code 11160. The trial court granted the defendants summary judgment, on grounds of duty and causation. The court of appeal affirmed. View "Pipitone v. Williams" on Justia Law

Real parties in interest filed a professional negligence action against several healthcare providers. All defendants settled except for Petitioners. During pretrial proceedings, real parties in interest filed a motion in limine to bar Petitioners from arguing the comparative fault of the settled defendants at trial and including those defendants’ names on jury verdict forms. The district court granted the motion. Petitioners subsequently asked the Supreme Court to issue a writ of mandamus ordering the district court to allow Petitioners to argue the comparative fault of the settled defendants and to include those defendants’ names on the jury verdict form for the purpose of allocating liability among all defendants. At issue before the Supreme Court was Nev. Rev. Stat. 41A.045, which makes healthcare provider defendants severally liable in professional negligence actions for economic and noneconomic damages. The Supreme Court granted a writ of mandamus, holding that the provision of several liability found in section 41A.045 entitles a defendant in a healthcare provider professional negligence action to argue the percentage of fault of settled defendants and to include the settled defendants’ names on applicable jury verdict forms where the jury could conclude that the settled defendants’ negligence caused some or all of the plaintiff’s injury. View "Piroozi v. Eighth Judicial Dist. Court" on Justia Law

After the death of Charles Cornell, Sherry Cornell filed a complaint against numerous defendants, including petitioner Stephen Tam, M.D., alleging medical malpractice. Dr. Tam filed an omnibus motion in limine requesting in part that Plaintiff’s noneconomic damages be capped pursuant to Nev. Rev. Stat. 41A.035, which limits the recovery of a plaintiff’s noneconomic damages in a healthcare provider’s professional negligence action to $350,000. The district court denied the motion, concluding (1) section 41A.035 is unconstitutional, as it violates a plaintiff’s constitutional right to trial by jury; (2) the statutory cap does not apply to the case as a whole, but a separate cap applies to each plaintiff for each of the defendants; and (3) the statutory cap does not apply to medical malpractice claims. Dr. Tam subsequently petitioned for a writ of mandamus compelling the district court to vacate its order denying his motion in limine. The Supreme Court granted the petition, holding that the district court erred in (1) finding the statute unconstitutional; (2) finding the statutory cap applies per plaintiff and per defendant; and (3) finding the statute only applies to professional negligence and not to medical malpractice. View "Tam v. Eighth Judicial Dist. Court" on Justia Law

Lattimore brought a wrongful death action against two doctors and Salinas Valley Memorial Healthcare arising from their care and treatment of Yvonne’s father, who had gone to the hospital for a blood transfusion, experienced gastrointestinal bleeding, and died. The trial court granted defendants summary judgment. The court of appeal reversed, finding that the declaration of Lattimore’s medical expert was sufficient to raise a triable issue of fact on whether treatment of her father violated the applicable standards of care applicable to physicians and surgeons. However, the medical expert declaration did not raise a triable issue of fact on the standard of care applicable to nurses and hospitals in general. View "Lattimore v. Dickey" on Justia Law

Respondent filed a medical negligence lawsuit alleging that Appellants negligently failed to timely drain Respondent’s prostate abscess, causing the abscess to rupture. After a trial, the jury returned a verdict in Respondent’s favor. The Supreme Court affirmed, holding (1) Appellants did not preserve for review their argument that the trial court erred in admitting into evidence certain videotaped deposition testimony; (2) the trial court did not err in failing to find that the verdict was excessive due to jury passion and prejudice or because it exceeded fair and reasonable compensation for Respondent’s injuries; and (3) the Court will not address Appellants’ constitutional challenge to Mo. Rev. Stat. 538.300, which prohibits defendants in medical negligence cases from seeking remittitur, because the statutory prohibition in section 538.300 was not implicated in this case. View "Stewart v. Partamian" on Justia Law

Joan Johnson, as personal representative of the Estate of Herman B. Johnson, and Marguerite Johnson, Herman Johnson's widow, appealed a district court's grant of summary judgment dismissing their action against Mid Dakota Clinic. On the morning of December 18, 2012, Herman Johnson experienced confusion and swelling of his legs and calves. That morning, Joan Johnson, Herman Johnson's daughter and attorney-in-fact, called the Veteran's Administration Clinic to schedule an appointment for Herman, but the VA Clinic did not return her call. As a result, Joan Johnson called Mid Dakota to schedule an appointment. Although she had requested a specific doctor, she was advised she would not be able to see him that day and was given an appointment with Donald Grenz, M.D. later that afternoon. Upon arriving at Mid Dakota Clinic at Gateway Mall, Joan and Herman Johnson checked in with the receptionist approximately seven minutes late for the appointment. Because they were more than five minutes late, they were told Dr. Grenz would not see them but they could reschedule with Dr. Grenz for another day or go to the emergency room or the "Today Clinic," a walk-in clinic within Mid Dakota's main clinic downtown. Joan and Herman Johnson subsequently left the clinic to seek alternative care. Upon entering the east vestibule of the Gateway Mall, Joan Johnson decided to seek the assistance of the VA Clinic, which was located in the mall immediately adjacent to Mid Dakota. As Joan and Herman Johnson turned to re-enter the mall, Herman Johnson fell and hit his head on the floor of the vestibule. As a result, he suffered a laceration along his forehead. Joan Johnson then returned to Mid Dakota and announced that Herman Johnson had fallen and was injured. A registered nurse employed by Mid Dakota assisted Herman Johnson until he was taken by ambulance to St. Alexius Medical Center and was admitted for observation. While Herman Johnson was hospitalized, he suffered two episodes of respiratory arrest, and he died on December 27, 2012. The Johnsons sued Mid Dakota for negligence, breach of contract and professional negligence. Because the Johnsons failed to present sufficient evidence to raise genuine issues of material fact precluding summary judgment, the Supreme Court affirmed the district court's judgment. View "Johnson v. Mid Dakota Clinic, P.C." on Justia Law