Justia Professional Malpractice & Ethics Opinion Summaries

The Supreme Court denied the writ of prohibition sought by the West Virginia Regional Jail Authority (WVRJA) seeking to have the Court prohibit the circuit court from enforcing its order denying the WVRJA's motion to dismiss Bobbi Bryant's complaint against it as time barred, holding that WVRJA failed to demonstrate that the circuit court's order was clearly erroneous.The WVRJA moved to dismiss Bryant's complaint on the sole basis that the claims asserted against it were barred by the applicable statute of limitations. The circuit court found that because the statute of limitations was appropriately tolled as to the co-defendant and because Bryant alleged a civil conspiracy cause of action the statute of limitation as to the co-defendant was imputed to the WVRJA. The WVRJA then filed a petition for writ of prohibition with the Supreme Court. The Supreme Court denied the petition, holding that the circuit court did not commit clear legal error in denying WVRJA's motion to dismiss the complaint as time barred, based on the applicable statute of limitations, such that a writ of prohibition is warranted. View "State ex rel. Regional Jail Authority v. Honorable Carrie Webster" on Justia Law

The Supreme Court answered a question certified by the federal district court by concluding that the term "person" as used in the wrongful death statute, W. Va. Code 55-7-5 and 55-7-6, does not include an ectopic embryo or an ectopic fetus.Three years after Defendant performed a bilateral tubal litigation on Plaintiff for permanent sterilization purposes doctors discovered a live ectopic pregnancy located in Plaintiff's left fallopian tube. Because the ectopic pregnancy had no chance of resulting in a live birth and would result in Plaintiff's death if allowed to continue, the ectopic embryo was removed. Plaintiff, on behalf of herself and as the administratrix of the estate of her ectopic embryo, and her husband filed suit against Defendant, asserting wrongful death. Defendant filed a motion to dismiss for failure to state a claim. The federal district court then certified two questions to the Supreme Court for resolution. The Supreme Court answered the second question, rendering the first question moot, holding that the term "person" as used in the wrongful death statute does not include an ectopic embryo or an ectopic fetus. View "Saleh v. Damron" on Justia Law

The Supreme Court reversed the decision of the court of appeals remanding this case with instructions to enter judgment as a matter of law in favor of the Trust Company of Kansas (TCK) and reverse the jury's verdict finding TCK liable for negligent training, holding that the trial court's jury instructions were erroneous and that, therefore, the case must be remanded for a new trial on proper instructions.Marilyn Parsons sued TCK and its employee, Jon King, asserting various theories of liability. After a trial, the jury found JCK liable for negligent training and King liable for breach of fiduciary duty. The court of appeals reversed as to TCK, finding the evidence insufficient. The Supreme Court reversed, holding (1) the district court's instructions failed to present the jury with an accurate statement of negligence law and improperly separated Parsons' negligence claim against TCK into two causes of action; and (2) the legal errors affected the verdict. View "Reardon v. King" on Justia Law

The Supreme Court granted the writ of prohibition sought by PrimeCare Medical of West Virginia, Inc. (PrimeCare) to dismiss the Estate of Cody Lawrence Grove's (the Estate) claims against PrimeCare for lack of subject matter jurisdiction, holding that the circuit court erred by failing to dismiss the claims against PrimeCare brought under the West Virginia Medical Professional Liability Act (MPLA).The Estate sued a correctional officer, a regional jail authority, and Prime Care, which provided monitoring of inmates, arguing that Cody Grove was able to commit suicide while he was an inmate because the correctional officer failed to conduct one or more safety checks on Grove. PrimeCare filed a motion to dismiss, alleging that the Estate failed to serve the notice of claim and the screening certificate of merit required by the MPLA. See W. Va. Code 55-7B-6. The circuit court denied the motion to dismiss. The Supreme Court vacated the circuit court's order, holding that to the extent the MPLA's pre-suit notice requirements were not complied with, the circuit court lacked subject matter jurisdiction to proceed. View "State ex rel., Primecare Medical of West Virginia, Inc. v. Honorable Laura V. Faircloth" on Justia Law

In this medical malpractice action the Supreme Court affirmed the order of the circuit court granting summary judgment to Defendant and finding that Defendant did not have a duty to provide follow-up medical care after Plaintiff left Raleigh General Hospital against medical advice, holding that the circuit court properly granted summary judgment to Defendant.The day after Defendant performed surgery on Plaintiff, Plaintiff left the hospital against medical advice (AMA). Plaintiff was later diagnosed with an infection resulting from the fact that the temporary stents she received in her surgery had never been removed. Plaintiff sued. The circuit court granted summary judgment for Defendant, determining that the patient-doctor relationship between the parties ended the day that Plaintiff left the hospital against medical advice. The Supreme Court affirmed, holding (1) Plaintiff failed to establish that Defendant had a duty to provide medical care to her after she terminated their physician-patient relationship; and (2) in discontinuing the physician-patient relationship she had with Defendant when she left the hospital AMA, Plaintiff removed herself from the class of individuals sought to be protected by the West Virginia Medical Professional Liability Act, W. Va. Code 55-7B-1 to -12. View "Kruse v. Farid" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's medical malpractice claims against Defendants, holding that there was no reversible error in the proceedings below.Plaintiff, through a conservator, sued Defendants for negligent acts or omissions that occurred during Plaintiff's birth. During the birth, Plaintiff's shoulder became stuck on his mother's pelvis, and while Defendants performed maneuvers to resolve the stuck shoulder, Plaintiff was born with a permanent injury preventing normal use and function of his left arm. Based upon the jury's verdict, the district court entered an order dismissing Plaintiff's claims. The Supreme Court affirmed, holding (1) the district court did not commit reversible error in the specifications of negligence it submitted to the jury; (2) Plaintiff was properly prevented from introducing continuing medical education (CME) records to show a breach in the standard of care; (3) the district court abused its discretion by prohibiting the use of CME records as impeachment evidence, but the error was harmless; (4) Defendants’ expert opinion testimony was properly disclosed and did not reflect an opinion in anticipation of litigation; and (5) the district court did not abuse its discretion in limiting the jury’s access to video evidence during deliberation. View "Eisenhauer v. Henry County Health Center" on Justia Law

The Supreme Court reversed the order of the district court dismissing Appellant's complaint because he filed it, though he did not serve it, without an affidavit and expert report, holding that an initial pleading filed under Nev. Rev. Stat. 11.258(1) is void ab initio only when it is served without a concurrent filing of the required attorney affidavit and expert report.In dismissing Appellant's complaint the district court relief on a statement in Otak Nevada, LLC v. Eighth Judicial District Court, 260 P.3d 408 (2011), that "a pleading filed under [section] 11.258 without the required affidavit and expert report is void ab initio." The Supreme Court reversed the district court's order granting the motion to dismiss and remanded the matter to the district court for further consideration, holding that a pleading is void ab initio under section 11.258(1) only where the pleading is served without a concurrent filing of the required attorney affidavit and expert report, not where the pleading is merely filed. View "Reif v. Aries Consultants, Inc." on Justia Law

In this personal injury claim based on premises liability the Supreme Judicial Court affirmed the order of the superior court denying Defendant's motion to dismiss the complaint on the ground that the facts alleged in the complaint actually constituted an action for medical negligence, holding that Plaintiff's claim was not within the ambit of the Maine Health Security Act (MHSA), Me. Rev. Stat. 24, 2501-2988.In her complaint Plaintiff alleged that she sustained injuries when she slipped and fell in the locker room of a facility owned and run by Defendant. Defendant filed a motion to dismiss the complaint, arguing that the claim was actually for medical negligence, which must be brought in accordance with the procedural requirements of the MHSA. The superior court denied the motion. The Supreme Judicial Court affirmed, holding that the claim was properly brought as a premises liability claim and was not within the purview of the MHSA. View "Salerno v. Spectrum Medical Group, P.A." on Justia Law

Appellees Augustus Feleccia and Justin Resch were student athletes who played football at Lackawanna Junior College (Lackawanna), a nonprofit junior college. Lackawanna had customarily employed two athletic trainers to support the football program. The Athletic Director, Kim Mecca, had to fill two trainer vacancies in the summer of 2009. She received applications from Kaitlin Coyne, and Alexis Bonisese. At the time she applied and interviewed for the Lackawanna position, Coyne had not yet passed the athletic trainer certification exam, and was therefore not licensed by the Board. Bonisese was also not licensed, having failed the exam on her first attempt, and still awaiting the results of her second attempt when she applied and interviewed for the Lackawanna position. Nevertheless, Lackawanna hired both Coyne and Bonisese in August 2009 with the expectation they would serve as athletic trainers, pending receipt of their exam results, and both women signed “athletic trainer” job descriptions. After starting their employment at Lackawanna, Coyne and Bonisese both learned they did not pass the athletic trainer certification exam. Mecca retitled the positions held by Coyne and Bonisese from “athletic trainers” to “first responders.” However, neither Coyne nor Bonisese executed new job descriptions, despite never achieving the credentials included in the athletic trainer job descriptions they did sign. Appellants were also aware the qualifications of their new hires was called into question by their college professors and clinic supervisors. In 2010, appellees participated in the first day of spring contact football practice, engaging in a variation of the tackling drill known as the “Oklahoma Drill.” While participating in the drill, both Resch and Feleccia suffered injuries. Resch attempted to make a tackle and suffered a T-7 vertebral fracture. Resch was unable to get up off the ground and Coyne attended to him before he was transported to the hospital in an ambulance. Later that same day, Feleccia was injured while attempting to make his first tackle, experiencing a “stinger” in his right shoulder, i.e., experiencing numbness, tingling and a loss of mobility in his right shoulder. Bonisese attended Feleccia and cleared him to continue practice “if he was feeling better.” In this discretionary appeal arising from the dismissal of appellees’ personal injury claims on summary judgment, the Pennsylvania Supreme Court considered whether the superior court erred in: (1) finding a duty of care; and (2) holding a pre-injury waiver signed by student athletes injured while playing football was not enforceable against claims of negligence, gross negligence, and recklessness. After careful review, the Court affirmed the superior court’s order only to the extent it reversed the trial court’s entry of summary judgment on the claims of gross negligence and recklessness. The Case was remanded back to the trial court for further proceedings. View "Feleccia v. Lackawanna College, et al." on Justia Law

Robin Ayling appealed a judgment dismissing her claims against Mary Ann Sens, M.D., UND School of Medicine employees, and the Grand Forks County State’s Attorney and Board of Commissioners relating to her son’s death. Ayling’s son, Blake, was a student at UND. He was last seen alive at an on-campus party at approximately 1:30 a.m. on March 24, 2012. He was found dead in the rail yard south of UND’s campus at approximately 6:30 a.m. to 7:00 a.m. on March 24, 2012. Dr. Sens performed the autopsy on the same day. She determined Blake was intoxicated, he had a 0.278 blood-alcohol concentration at the time of death, he died from blood loss, and his death was accidental. After learning of the autopsy results, Ayling questioned the blood-alcohol concentration because Blake reportedly did not show signs of intoxication at the party or before the party. Ayling met with Dr. Sens in April 2013, and Sens explained the autopsy report and defended her conclusions. On December 27, 2013, Ayling spoke with a forensic toxicologist who questioned Dr. Sens’ methods in performing the autopsy. The toxicologist believed Blake's urine and vitreous humor should have been tested for alcohol to corroborate the blood test. Ayling sued Dr. Sens, UND School of Medicine employees, and Grand Forks County employees in February 2017, alleging Sens failed to competently perform a medical autopsy as a part of the investigation of Blake's death. Ayling alleged the other Defendants failed to properly supervise Dr. Sens. The district court concluded Ayling’s claims against the Defendants were untimely. After reviewing the record, the North Dakota Supreme Court agreed with the district court that Ayling’s voluminous discovery requests did not relate to the statute of limitations issue and would not have created an issue of material fact supporting denial of the summary judgment motion. The court’s discovery decisions were not an abuse of discretion. View "Ayling v. Sens, et al." on Justia Law