Justia Professional Malpractice & Ethics Opinion Summaries

The Supreme Court accepted a question certified by the United States Court of Appeals for the Seventh Circuit and answered that the Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified healthcare provider treated someone else negligently and that the negligent treatment injured the plaintiff.Plaintiff was the husband and father of two individuals killed in a car crash caused by Physician's patient. Plaintiff filed a civil action in federal court alleging that Physician's negligence in prescribing opiates to his patient caused the wrongful deaths of his wife and daughter. The state insurance commissioner, who administered the Patient's Compensation Fund, received permission to intervene. Plaintiff settled with Physician, who was dismissed. Plaintiff then sought excess damages from the Fund. The Fund responded that it had no liability because the underlying claim was not covered by the Act. The district court entered judgment for the Fund. On appeal, the Seventh Circuit certified to questions to the Supreme Court. The Supreme Court declined to answer question one and answered question two in the affirmative, holding that the Act applies where a plaintiff alleges that a qualified healthcare provider's negligent treatment of someone else caused the plaintiff to suffer an injury. View "Cutchin v. Beard" on Justia Law

The Supreme Court reversed the judgment of the court of appeals concluding that 42 U.S.C. 1983 preempted the expert report requirement in the Texas Medical Liability Act (TMLA), set forth in Chapter 74 Texas Civil Practice and Remedies Code, holding that the court of appeals erred in this respect.The claims in this case were asserted against a state mental health facility and its employees arising from the death of a patient. The claims were pleaded as claims under 42 U.S.C. 1983. In response, Defendants asserted that Plaintiff's claims were healthcare liability claims subject to the requirements of the TMLA. Defendants then moved to dismiss the claims for failure to serve an expert report under section 74.351(b). The trial court denied the motion to dismiss. The court of appeals affirmed, holding that all of Plaintiff's claims were healthcare liability claims but that section 1983 preempted the expert report requirement of the TMLA. The Supreme Court reversed in part, holding (1) the court of appeals correctly determined that all of the causes of action Plaintiff asserted were healthcare liability claims under the TMLA; but (2) section 1983 does not preempt the TMLA's expert report requirement, and the court of appeals erred in holding otherwise. View "Rogers v. Bagley" on Justia Law

A physician's professional conduct was examined by the Oklahoma Board of Medical Licensure and Supervision. During the disciplinary proceeding a stipulated protective order was entered by the Board. The professional complaint against the physician was dismissed, and approximately two years later the physician requested the Board modify its protective order to allow the physician to use three documents in a different legal proceeding. The Board refused, and the physician appealed. After review, the Oklahoma Supreme Court held: (1) the stipulated blanket protective order making all documents in the administrative proceeding subject to the order and prohibiting their use in any other legal proceeding was contrary to the public policy expressed by the Oklahoma Open Records Act and the Oklahoma Discovery Code; and (2) the physician's claim seeking access to the initial report of misconduct was not properly before the Court. View "State ex rel. Okla. St. Bd. of Medical Licensure & Supervision v. Rivero" on Justia Law

Woodson received prenatal treatment from Dr. Ramsey at NorthShore Health Centers. Ramsey informed Woodson that she would likely need to deliver her baby by C-section. Ramsey delivered P.W. vaginally at Anonymous Hospital. Woodson noticed immediately that something was wrong with P.W.’s left arm. P.W.’s arm did not improve.NorthShore is a Federally-qualified health center (FQHC) that receives federal money (42 U.S.C. 1396d(l)(2)(B)); its employees are deemed Public Health Service employees, covered against malpractice claims under the Federal Tort Claims Act (FTCA), 42 U.S.C. 233(g). NorthShore appears in the federal government's online public database of federal funding recipients whose employees may be deemed Public Health Service employees. Woodson’s attorney, Sandoval, failed to recognize NorthShore’s status as an FQHC. Sandoval reviewed the Indiana Department of Insurance (IDOI) and Indiana Patient’s Compensation Fund online databases and learned that Ramsey and Anonymous Hospital were “qualified” providers under the Indiana Medical Malpractice Act. The IDOI forwarded Woodson’s complaint to Ramsey and his insurance carrier. Those claims remain pending.On December 16, 2015, NorthShore informed Sandoval that NorthShore was a federally funded health center. Woodson filed administrative tort claims, which were denied. Nearly three years after P.W.’s birth, Woodson filed suit against the government and Anonymous Hospital. The Seventh Circuit affirmed that the claims accrued on December 7, 2013, the day P.W. was born, and were untimely under the FTCA’s two-year statute of limitations. Woodson had enough information shortly after P.W.'s birth to prompt her to inquire whether the manner of delivery caused P.W.’s injury. The FTCA savings provision does not apply because the IDOI never dismissed the claims. Neither Ramsey nor NorthShore had a duty to inform Woodson of their federal status. View "P.W. v. United States" on Justia Law

Cutchin’s wife and daughter were killed in an automobile accident that occurred when another driver, Watson, age 72, struck their vehicle. Cutchin alleges that Watson’s driving ability was impaired by medications she had been prescribed, including an opioid. Cutchin filed a malpractice suit against Watson’s healthcare providers, charging them with negligence for an alleged failure to warn Watson that she should not be driving given the known motor and cognitive effects of those medications. After the providers and their malpractice insurer agreed to a settlement of $250,000, the maximum amount for which they can be held individually liable under the Indiana Medical Malpractice Act (MMA), Cutchin sought further relief from the Patient’s Compensation Fund, which acts as an excess insurer. The Fund argued that the MMA does not apply to Cutchin’s claim and that he is barred from seeking excess damages from the Fund. The district court agreed.The Seventh Circuit certified to the Indiana Supreme Court the questions: Whether Ithe MMA prohibits the Fund from contesting the Act’s applicability to a claim after the claimant concludes a court‐approved settlement with a qualified healthcare provider, and whether the MMA applies to claims brought against individuals (survivors) who did not receive medical care from the provider, but who are injured as a result of the provider’s negligence in providing medical treatment to someone else. View "Cutchin v. Robertson" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the district court's dismissal of a medical malpractice action brought against a hospital system based on the alleged negligence of independent contractors involved in providing care for a patient in the emergency rooms of two different hospitals owned by the hospital system, holding that a hospital can be held vicariously liable for the negligence of an independent contractor based on the doctrine of apparent authority.In granting the hospital system's motion to dismiss, the district court ruled that a hospital is not vicariously liable for the acts of non-employees. The court of appeals affirmed. The Supreme Court reversed, holding that a plaintiff states a vicarious liability claim against a hospital for the professional negligence of independent contractors in the hospital's emergency room based on a theory of apparent authority if the hospital held itself out as a provider of emergency medical care and the patient looked to the hospital, rather than a specific doctor, for care and relied on the hospital to select the physical and other medical professionals to provide the necessary services. View "Popovich v. Allina Health System" on Justia Law

The Supreme Court held that the "common knowledge" exception to the affidavit requirement for professional negligence claims against a provider of health care can also be applied to determine whether a claim that appears to sound in professional negligence, and does not fall under Nev. Rev. Stat. 41A.100, actually sounds in ordinary negligence and thus is not subject to Nev. Rev. Stat. 41A.071.A nursing home nurse mistakenly administered morphine to a patient that had been prescribed for another patient. The patient died three days later from morphine intoxication. The patient's estate sued the nursing home but did not explicitly assert any claim for professional negligence or file an expert affidavit under section 41A.071. The district court granted summary judgment for the nursing home, concluding that the complaint's allegations sounded in professional negligence and, therefore, the estate was required to file an expert affidavit. The Supreme Court reversed in part, holding (1) the mistaken administration of another patient's morphine constituted ordinary negligence that a lay juror could assess without expert testimony, and such a claim is not subject to section 41A.071's medical expert affidavit requirement; and (2) the district court correctly granted summary judgment on the allegations regarding the failure to monitor, as those allegations required expert testimony to support. View "Estate of Mary Curtis v. Las Vegas Medical Investors, LLC" on Justia Law

In 2009, D. was delivered at Sharon Hospital by Dr. Gallagher and sustained an injury, allegedly causing her shoulder and arm permanent damage. In 2010-2011, preparing to file D.’s malpractice case, counsel requested records from Sharon and Gallagher, limited temporally to the delivery. Counsel believed that Gallagher was privately employed. Sharon was private; Gallagher was listed on the Sharon website. Counsel did not discover that Gallagher was employed by Primary Health, a “deemed” federal entity eligible for Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), malpractice coverage. D.'s mother had been Gallagher's patient for 10 years and had visited the Primary office. In contracting Gallagher, counsel used the Primary office street address. Gallagher’s responses included the words “Primary Health.” The lawsuit was filed in 2016; Pennsylvania law tolls a minor plaintiff’s action until she turns 18.The government removed the suit to federal court and substituted the government for Gallagher. The district court dismissed the suit against the government for failure to exhaust administrative remedies under the FTCA. The case against Sharon returned to state court. After exhausting administrative remedies, counsel refiled the FTCA suit. The Third Circuit affirmed the dismissal of the suit as untimely, rejecting a claim that D. was entitled to equitable tolling of the limitations period because counsel had no reason to know that Gallagher was a deemed federal employee or that further inquiry was required. D. failed to show that she diligently pursued her rights and that extraordinary circumstances prevented her from timely filing. View "D.J.S.-W. v. United States" on Justia Law

In November 2007, Marten performed surgery on Doe’s face and neck. In June 2008, Doe sent Marten a letter stating she was considering suing him and demanded that he preserve her documents, files, and photos. In November, Doe’s attorney served Marten with a written demand for arbitration pursuant to a Physician-Patient Arbitration Agreement. In January 2009 Marten’s counsel responded, identifying an arbitrator, without questioning the origin of the agreement or disputing that Marten had signed it. The applicable one-year statute of limitations ran in March 2009. (Code Civ. Proc.340.5) In May 2009, Merten subpoenaed and obtained the records of Dr. Daniel, whom Doe earlier consulted. Located within Daniel’s records was a signed arbitration agreement. Nearly three years later, Marten’s counsel first confronted Doe with the arbitration agreement and refused to continue with the arbitration.Doe sued for medical malpractice and medical battery. The court overruled dismissal motions, finding triable issues as to whether equitable tolling or equitable estoppel disallowed the statute of limitations defense. The court imposed sanctions after hearing evidence that Marten destroyed electronically stored information. After the close of evidence, the trial court dismissed the medical battery claim. On the malpractice claim, the jury awarded over $6.3 million in damages. The court then found the malpractice claim time-barred. The court of appeal reversed in part. The medical malpractice claim was not time-barred because Merten’s conduct actually and reasonably induced Doe to refrain from filing a timely action. View "Doe v. Marten" on Justia Law

Mariah Charles was born prematurely in October 2014 at Lafayette General Medical Center (LGMC) and hospitalized there until transferred to Women’s and Children’s Hospital of Lafayette (W&C). She was released in April 2015 release. Dr. Geeta Dalal, a pediatric cardiologist with clinical privileges at both hospitals, contributed to Mariah’s care during and after Mariah’s hospitalization. While Mariah remained at LGMC, Dr. Dalal ordered and interpreted eight echocardiograms that, according to the petition, revealed abnormal findings that could cause pulmonary artery hypertension. The petition alleged Dr. Dalal took no action other than ordering additional echocardiograms. After Mariah’s transfer to W&C, Dr. Dalal interpreted three more echocardiograms, again noted abnormalities, and allegedly failed to properly diagnose or treat Mariah. On May 8, Mariah was admitted to the pediatric intensive care unit at W&C and examined by another pediatric cardiologist who diagnosed pulmonary artery hypertension. Mariah was transferred by helicopter to Children’s Hospital of New Orleans where medical staff confirmed the diagnosis and performed a heart catheterization procedure. Mariah’s mother, Megan Thomas (Thomas), initiated Medical Review Panel proceedings with the Patient’s Compensation Fund against Dr. Dalal and the hospital defendants, alleging medical malpractice and seeking damages for their alleged failure to properly diagnose and treat Mariah. In addition to the Medical Review Panel proceedings, Thomas filed suit against the hospitals: The Regional Health System of Acadiana, LLC, Women’s & Children’s Hospital, Inc., HCA Holdings, Inc. W&C, and LGMC. The issue presented for the Louisiana Supreme Court's review centered on allegations of negligent credentialing against Dr. Dalal, and whether those allegations fell within the scope of the Louisiana Medical Malpractice Act, or alternatively, sounded in general negligence. The Supreme Court reversed the appellate court, and reinstated the trial court's judgment sustaining the hospital defendants' exceptions of prematurity. View "Thomas v. Regional Health System of Acadiana, LLC." on Justia Law