Justia Civil Procedure Opinion Summaries

The case revolves around a patient, Tommy Harris, who contracted bacterial sepsis due to repeated infections from his dialysis treatment at a clinic in Belleville, Illinois. Harris filed a malpractice lawsuit against the operators of the clinic and later included a claim against Durham Enterprises, Inc., the janitorial company responsible for cleaning the facility. The case primarily concerns Durham’s insurance coverage. Durham submitted the lawsuit to Ohio Security Insurance Company, its insurer, which denied coverage based on the insurance policy’s exclusion for injuries caused by fungi or bacteria. Harris and Durham then negotiated an agreement in which Durham promised not to mount a defense and Harris promised to seek recovery only from the insurer. The state trial judge granted a motion to sever Harris's claim against Durham and set it for a bench trial. The judge held a short, uncontested bench trial and entered judgment against Durham for more than $2 million.Ohio Security was not a party to the state court proceedings and the insurance policy was not in the record. However, the consent judgment includes findings on insurance issues, notably, that the insurer breached its duty to defend and is estopped from asserting any policy defenses. After the judgment became final, Harris filed an amended complaint purporting to add Ohio Security as a defendant. Ohio Security removed the action to federal court and sought a declaration of its coverage obligations. The district court held that the bacteria exclusion precludes coverage.In the United States Court of Appeals for the Seventh Circuit, Harris and Durham jointly appealed, challenging the no-coverage ruling but also raising a belated challenge to subject-matter jurisdiction under the Rooker–Feldman doctrine. The court found the jurisdictional argument meritless, as the Rooker–Feldman doctrine does not block federal jurisdiction over claims by nonparties to state-court judgments. The court also affirmed the district court's ruling that the policy’s bacteria exclusion precludes coverage for this loss. View "Mitchell v. Durham Enterprises, Inc." on Justia Law

The case revolves around a fatal collision that occurred in May 2016 when Lyle Lima, who was legally blind, drove his truck into a horse-drawn hay trailer on a highway, resulting in the death of one passenger and injuries to others. In April 2015, a doctor at Dakota Eye Institute had declared Lima legally blind and instructed him not to drive. In April 2016, another doctor from the same institute, Dr. Briana Bohn, examined Lima and advised him not to drive at night and only minimally during the day, specifically avoiding highways. The plaintiffs, injured parties and their representatives, claimed that Dr. Bohn was liable for medical malpractice as Lima's eyesight was still below the minimum vision standards required to operate a vehicle in North Dakota.The plaintiffs initially filed a suit against the defendants, which was dismissed by the district court. However, the Supreme Court of North Dakota reversed and remanded the decision. On remand, the defendants moved for summary judgment, arguing that the plaintiffs failed to establish a prima facie case showing a breach of duty and that Dr. Bohn did not proximately cause Lima’s economic injuries. The district court granted summary judgment in favor of the defendants, concluding that no reasonable jury could find Dr. Bohn proximately caused Lyle Lima’s injury.The Supreme Court of North Dakota affirmed the district court's decision. The court found that Dr. Bohn had clearly instructed Lima not to drive on highways, and the accident had occurred on a highway. The court concluded that the plaintiffs had failed to present competent admissible evidence to raise an issue of fact, and thus, the district court had correctly granted summary judgment in favor of the defendants. View "Cichos v. Dakota Eye Institute, P.C." on Justia Law

Patricia Hanger filed a medical malpractice lawsuit against Dr. Allison L. Raines and Emergency Physicians of Tidewater, PLC, alleging that they negligently failed to treat her low blood sodium, leading to a seizure and a subsequent fall that resulted in a traumatic brain injury. The defendants argued that the fall could have been caused by other means. A jury sided with Hanger and awarded her $1.6 million, a decision that was affirmed by the Court of Appeals.The Court of Appeals had to decide whether the trial court erred in refusing a jury instruction supporting the defendants' theory of the case. The Court of Appeals held that this question was waived. The defendants argued that they did not waive their right to appeal this question and that they were entitled to the issuance of their proffered jury instruction.The Supreme Court of Virginia disagreed with the Court of Appeals, concluding that the defendants did not waive their argument. The Supreme Court found that the defendants had preserved their objection to the trial court's refusal to issue the jury instruction and had adequately briefed the matter before the Court of Appeals and the Supreme Court. The Supreme Court ruled that the trial court's failure to issue the jury instruction was reversible error and that the Court of Appeals also erred in declining to rule on the matter. The case was reversed and remanded to the Court of Appeals to enter a mandate to the trial court consistent with the opinion. View "Emergency Physicians of Tidewater v. Hanger" on Justia Law

A medical malpractice lawsuit was filed by Dwan and Aaron Bray, individually and on behalf of their minor child, against Dr. Timothy J. Thress and various other medical entities. The suit, which was initially filed in state court, related to alleged negligence in Dwan Bray's prenatal care and the subsequent birth of their child. However, Thress was employed by a federally funded health center during his treatment of Bray. Under the Federally Supported Health Centers Assistance Act (FSHCAA), the lawsuit was removed to federal court and the United States was substituted as the defendant.The U.S. government moved to dismiss the case, arguing that the plaintiffs failed to satisfy the Federal Tort Claims Act’s (FTCA) administrative exhaustion requirement. The plaintiffs countered by moving to remand the action to state court, arguing that the FSHCAA did not apply. The district court denied both of plaintiffs’ motions, finding the FSHCAA applicable and any attempt to amend plaintiffs’ complaint futile. The district court dismissed plaintiffs’ FTCA claim without prejudice and remanded plaintiffs’ claims against the remaining defendants to state court. The plaintiffs appealed the district court’s denial of their motion to remand and its dismissal of their FTCA claim.The U.S. Court of Appeals for the Sixth Circuit affirmed the district court's decisions. It held that Thress's conduct was covered by the FSHCAA, and that the plaintiffs' attempts to amend their complaint were futile since they had failed to exhaust their administrative remedies under the FTCA before instituting the lawsuit. View "Bray v. Bon Secours Mercy Health, Inc." on Justia Law

In the Supreme Court of Mississippi, two interlocutory appeals were consolidated, both arising from the same wrongful-death lawsuit. Beverly Butts, on behalf of the wrongful-death beneficiaries of John Albert Hemphill, Sr., alleged that four years prior to Hemphill's death, Dr. Reese Lindsey failed to remove part of a bladder catheter, leading to recurring infections and ultimately Hemphill's death. Additionally, she claimed that the staff at Greenwood Leflore Hospital, where Lindsey treated Hemphill, provided substandard care.Regarding Lindsey, the court found that he had not been lawfully served with process. Despite multiple summons, Butts failed to comply with the Mississippi Rule of Civil Procedure 4, which outlines the requirements for serving process. As a result, the trial court lacked jurisdiction over Lindsey, leading the Supreme Court to reverse the trial court's decision and render judgment dismissing Lindsey from the lawsuit.Concerning the Hospital, the court found that Butts had failed to provide the necessary medical expert testimony to support her medical negligence claim against the Hospital. Despite her argument that the Hospital's summary judgment motion was preemptive as no scheduling order had been set, the court noted that a defendant can file for summary judgment at any time. Given Butts's failure to present necessary expert testimony, the Supreme Court reversed the denial of summary judgment and rendered judgment in favor of the Hospital. View "Lindsey v. Butts" on Justia Law

The Supreme Court of the State of Montana affirmed a lower court decision that granted Dr. Gregory S. Tierney's motion to dismiss a medical malpractice lawsuit filed by Janice M. Dodds for insufficient service of process. Dodds initially filed the suit against Dr. Tierney and Benefis Health System in 2013, alleging medical malpractice related to a knee replacement surgery. She failed to serve the defendants in time. Dr. Tierney later filed for bankruptcy, which invoked an automatic stay, halting the lawsuit. After his bankruptcy discharge, Dodds attempted to serve Dr. Tierney but failed to do so within the required 30-day timeframe following the discharge.Dodds further sought to join Dr. Tierney's malpractice insurance company as the real party in interest, but the court denied the motion. Upon review, the Supreme Court found that Dodds had not proven Dr. Tierney's liability, thus the insurer had no duty to indemnify him. The court also rejected Dodds' argument that Dr. Tierney lacked standing after his Chapter 7 discharge. The court held that Dr. Tierney maintained a personal stake in demonstrating he was not liable for medical malpractice and that his insurer would only have a duty to indemnify him once Dodds proved her malpractice claims. View "Dodds v. Tierney" on Justia Law

In a medical malpractice case before the Supreme Court of the State of Nevada, the plaintiff, Kimberly D. Taylor, sued Dr. Keith Brill and Women’s Health Associates of Southern Nevada-Martin PLLC for professional negligence. Taylor alleged that Dr. Brill breached the standard of care by perforating her uterus and bowel during a surgical procedure and failed to inform her of these complications. The jury ruled in favor of Dr. Brill and denied all of Taylor’s claims.The Supreme Court of Nevada held that in a professional negligence action, evidence of informed consent and assumption of the risk are irrelevant and inadmissible when the plaintiff does not challenge consent. The court stated that even if a plaintiff gave informed consent, it would not vitiate the medical provider’s duty to provide treatment according to the ordinary standard of care. Furthermore, evidence of a procedure’s risks must still fall within Nevada's professional negligence statute, and a case-by-case analysis is required to determine whether the evidence should be excluded due to its potential to confuse the jury.The court also held that expert or physician testimony is not required to demonstrate the reasonableness of the billing amount of special damages. The court found that the district court had abused its discretion by prohibiting non-expert evidence demonstrating the reasonableness of the charges for medical treatment received by Taylor.Finally, the court ruled that evidence of insurance write-downs is not admissible under NRS 42.021(1), as it only contemplates evidence of actual benefits paid to the plaintiff by collateral sources.Based on these errors, the Supreme Court of Nevada reversed the judgment and remanded the case for further proceedings, including a new trial. View "Taylor v. Brill" on Justia Law

Dorothy Hampton was released from the Medical Center of Southeast Texas after an abdominal hernia surgery. Later that night, she fell at home, becoming confused and disoriented, and was readmitted to the hospital. She filed a health care liability claim against Dr. Leonard Thome, alleging that she was released prematurely from the hospital which led to her fall and subsequent mental and physical injuries. Hampton's lawyer sent a pre-suit notice to Dr. Thome along with a medical authorization form as required under Texas law before filing a suit. The form listed only two providers and omitted future health care providers.Hampton filed her suit outside the usual two-year statute of limitations but within the 75-day tolling period provided by the law. Dr. Thome argued that the lawsuit was filed outside the limitations period as the medical authorization form served by Hampton was deficient, and hence the 75-day tolling period was not applicable. The trial court rejected this argument, but the court of appeals reversed the decision.The Supreme Court of Texas held that an imperfect medical authorization form is still a medical authorization form, which is sufficient to toll the statute of limitations for 75 days. The court emphasized that the limitations period should be established with clarity at the outset. Any defects or omissions in the medical authorization form that came to light during the litigation could have been adequately addressed by the statutory remedy of abatement, additional discovery, or even sanctions. The judgment of the court of appeals was reversed, and the case was remanded for further proceedings. View "HAMPTON v. THOME" on Justia Law

The case concerns parents of a child who suffered severe and permanent injuries at birth due to alleged negligence of the medical staff at Hospital Damas. The parents sued Fundación Damas, Inc., alleging that it operated the hospital at the time of the malpractice. The district court granted summary judgment to Fundación on the basis of issue preclusion, concluding that the parents were "virtually represented" in earlier proceedings by the parents of another child who also suffered injuries at the hospital.The United States Court of Appeals for the First Circuit reversed the district court's decision. The appellate court found that the theory of virtual representation, which the district court relied on, was inapplicable to this case. According to the Supreme Court's precedent, issue preclusion generally does not apply to those who were not party to the prior litigation. The court noted that the Supreme Court had rejected the broad theory of virtual representation, which was the basis for the district court's decision. The court explained that the exceptions to the rule against nonparty preclusion are narrow and specific, and none applied in this case. Therefore, the court reversed the grant of summary judgment and remanded the case for further proceedings. View "Santiago-Martinez v. Fundacion Damas, Inc." on Justia Law

This case arose from a wrongful death and professional negligence action brought by Linda F. Smith, the mother of Kamario Mantrell Smith, an inmate who died after unsuccessful heart surgery and subsequent complications. The defendants were Christopher L. Igtiben, M.D., Dignity Health, and related entities. Smith filed her complaint on November 22, 2022, alleging that the defendants' failure to recognize her son's sickle cell anemia before ordering a CT scan with contrast ultimately led to his death. Dr. Igtiben filed a motion to dismiss the complaint, arguing that the applicable statute of limitations under NRS 41A.097(2) had expired. The district court denied the dismissal motion.The Court of Appeals of Nevada found that Smith had been placed on inquiry notice of potential professional negligence and wrongful death claims when she received her son's medical records in January 2020. Accordingly, NRS 41A.097(2) required her to file any professional negligence or wrongful death action within one year from that date. Because Smith did not file her complaint until November 2022, the statute of limitations had expired, and the district court should have dismissed the complaint as untimely. As a result, the court granted the writ of mandamus and directed the clerk to issue a writ instructing the district court to dismiss the complaint. View "Igtiben v. Eighth Jud. Dist. Ct." on Justia Law