Justia Civil Procedure Opinion Summaries

The plaintiff, Larissa Marland, individually and as administratrix of the estate of Norman Marland, filed a medical malpractice claim against the University of Connecticut Health Center and related entities. The decedent had been treated at the hospital and was later admitted to the intensive care unit, where he fell and subsequently died. The plaintiff alleged that the hospital staff breached the standard of care owed to the decedent.The plaintiff filed a notice of claim with the claims commissioner, including a physician’s opinion letter. The claims commissioner failed to resolve the claim within the statutory two-year period and an additional one-year extension granted by the General Assembly. Despite this, the commissioner eventually authorized the plaintiff to sue the state. The plaintiff then filed the present action in the Superior Court.The state moved to dismiss the complaint, arguing that the claims commissioner’s waiver of sovereign immunity was invalid because it was issued after the expiration of the one-year extension. The trial court agreed and dismissed the case for lack of subject matter jurisdiction, concluding that the commissioner did not have the authority to grant the waiver beyond the extension period.The Supreme Court of Connecticut reviewed the case and concluded that the trial court improperly dismissed the plaintiff’s action. The court held that, once the claims commissioner authorizes suit and waives sovereign immunity, the state cannot challenge that decision in the Superior Court. The court emphasized that such challenges should be raised before the claims commissioner. The court reversed the trial court’s judgment and remanded the case with direction to deny the state’s motion to dismiss. View "Marland v. University of Connecticut Health Center" on Justia Law

A medical-malpractice action was filed by Kalvyn Stull and his family against Summa Health System and associated parties, alleging that improper medical treatment following a car accident caused severe brain damage to Kalvyn. During discovery, the plaintiffs requested the residency file of Dr. Mazen Elashi, a resident physician involved in the treatment. Summa Health System claimed the file was protected by the peer-review privilege under Ohio law, supported by an affidavit from Dr. Erika Laipply, which stated that the file was used exclusively for peer-review purposes.The trial court in Summit County held that Summa had not sufficiently demonstrated that the peer-review privilege applied, as the affidavit contained ambiguities and lacked specific details. The court granted the motion to compel the production of the residency file. Summa appealed, and the Ninth District Court of Appeals affirmed the trial court's decision, agreeing that the affidavit was insufficient to establish the privilege due to its ambiguities and incomplete information.The Supreme Court of Ohio reviewed the case and held that the presence of factual ambiguities in affidavit testimony does not alone determine whether the peer-review privilege applies. The court emphasized that the trial court has the authority to conduct further inquiry, including in camera review, to resolve the factual disputes and determine the applicability of the privilege. The Supreme Court reversed the judgment of the Ninth District Court of Appeals and remanded the case to the trial court for an in camera review of the residency file and any other necessary factual inquiry to resolve the legal question of whether the file is privileged. View "Stull v. Summa Health System" on Justia Law

The plaintiff, the decedent's son and Administrator of her estate, filed a negligence, medical malpractice, and wrongful death lawsuit in the Supreme Court, New York County, against Dewitt Rehabilitation and Nursing Center and other defendants. The decedent was a resident at Dewitt in February and March 2019. Dewitt moved to transfer the venue to Nassau County based on a forum selection clause in two electronically signed admission agreements. Dewitt supported its motion with the agreements and an affidavit from its director of admissions, Francesca Trimarchi. The plaintiff contested the authenticity of the agreements, claiming the signatures were forged and provided an exemplar of the decedent's handwritten signature for comparison.The Supreme Court granted Dewitt's motion, finding that Dewitt met its initial burden to show the forum selection clause was applicable and enforceable, and that the plaintiff failed to raise a triable issue of fact regarding the alleged forgery. The case was ordered to be transferred to Supreme Court, Nassau County. The Appellate Division reversed, holding that Dewitt failed to adequately authenticate the admission agreements as Trimarchi did not witness the signing, and thus the forum selection clause was unenforceable. The dissent argued that the burden should be on the plaintiff to prove the clause should not be enforced.The Court of Appeals of New York reversed the Appellate Division's decision, reinstating the Supreme Court's order. The court held that Dewitt met its burden of establishing the authenticity of the agreements through circumstantial evidence, including Trimarchi's affidavit and the agreements themselves. The plaintiff failed to provide sufficient evidence to raise a genuine issue of fact regarding the authenticity of the signatures. The court also clarified that CPLR 4539(b) was inapplicable as the documents were originally created in electronic form. The certified question was answered in the negative. View "Knight v New York & Presbyt. Hosp." on Justia Law

A baby, S.K., was injured during labor and delivery, allegedly due to the negligence of the delivering doctor, Dr. Goodman, who used a Mityvac obstetrical vacuum delivery system. The plaintiff, S.K.'s conservator, claimed that the use of the vacuum caused brain damage to S.K. and sought damages from Dr. Goodman’s employer, Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C. (the clinic).A jury in the Iowa District Court for Johnson County found in favor of the plaintiff, awarding substantial damages. The clinic appealed, arguing that the district court erred in admitting a package insert from the vacuum, which contained hearsay statements about when the vacuum should not be used and potential harms from its use. The clinic contended that the insert's admission violated Iowa’s hearsay rule and prejudiced the trial's outcome.The Iowa Supreme Court reviewed the case and agreed with the clinic. The court found that the package insert contained hearsay and did not fit within any recognized exceptions, including the residual exception and the market reports exception. The court noted that the insert's admission was prejudicial, as it directly addressed a central dispute in the case and was emphasized in the plaintiff's closing argument. The court concluded that the erroneous admission of the insert deprived the clinic of a fair trial.The Iowa Supreme Court reversed the district court's judgment and remanded the case for a new trial. The court also addressed a procedural issue raised by the clinic regarding the plaintiff's certificate of merit affidavit, ultimately denying the clinic's motion to reverse on those grounds. View "S.K. v. Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C." on Justia Law

The case involves the estate of Penny Ann Simmons, who passed away on July 19, 2018. Dianna Lynn Davenport was appointed as the personal representative of Simmons' estate by the Spencer District Court on September 11, 2018, with the order entered by the Spencer County Clerk on September 21, 2018. Davenport filed a medical malpractice and wrongful death lawsuit against Kindred Hospitals on September 20, 2019. Kindred argued that the lawsuit was filed outside the one-year statute of limitations, which they claimed began when the judge signed the appointment order.The Jefferson Circuit Court granted Kindred's motion for summary judgment, ruling that the lawsuit was indeed filed outside the statute of limitations. The court found that the statute of limitations began when the judge signed the order of appointment, as per KRS 395.105. The Court of Appeals affirmed this decision, referencing its own precedent in Batts v. Illinois Central Railroad Company, but invited the Supreme Court of Kentucky to review the issue.The Supreme Court of Kentucky affirmed the lower courts' decisions. The court held that probate proceedings, including the appointment of a personal representative, are special statutory proceedings. Therefore, the procedural requirements of KRS 395.105, which state that the appointment is effective upon the judge's signing, prevail over the Kentucky Rules of Civil Procedure. The court also clarified that the one-year limitation period for filing claims, as set forth in KRS 413.180(1), begins at the time of the appointment, which is when the judge signs the order. Thus, Davenport's lawsuit was filed outside the permissible time frame, and the summary judgment in favor of Kindred was affirmed. View "DAVENPORT KINDRED HOSPITALS LIMITED PARTNERSHIP" on Justia Law

In 2009, a surgeon performed a shoulder replacement surgery on a patient, during which the patient suffered a fracture and subsequent nerve injury, resulting in permanent radial nerve palsy. The patient sued the surgeon and associated medical entities for professional negligence, claiming vicarious liability. The case went to trial twice; the first trial resulted in a verdict for the defendants, but the court granted a new trial due to juror misconduct. The second trial resulted in a verdict for the patient, awarding significant damages, which the court reduced according to statutory caps.The Eighth Judicial District Court of Clark County oversaw the trials. After the second trial, the court reduced the pain and suffering damages to $350,000 pursuant to NRS 41A.035, awarded attorney fees, and capped expert witness costs. The defendants moved for a new trial based on alleged juror misconduct, which the court denied. Both parties appealed various aspects of the court's decisions, including the application of the damages cap, the res ipsa loquitur instruction, and the award of attorney fees and costs.The Supreme Court of Nevada reviewed the case. It held that the district court did not abuse its discretion in giving a res ipsa loquitur instruction despite expert testimony, as the relevant statutory amendments did not apply retroactively. The court affirmed the reduction of pain and suffering damages to $350,000, applying the statutory cap to both the surgeon and the medical entities. The court also upheld the denial of a new trial based on juror misconduct, finding no intentional concealment or prejudice.Regarding attorney fees, the Supreme Court affirmed the district court's award but modified it to comply with NRS 7.095, capping the total recoverable amount. The court found no conflict between NRCP 68 and NRS 18.005 but remanded the case for further proceedings on expert witness fees, requiring a more detailed application of the Frazier factors. The judgment and order denying a new trial were affirmed, the attorney fees award was affirmed as modified, and the order retaxing costs was reversed in part. View "NEVINS VS. MARTYN" on Justia Law

Aletha Porcaro was admitted to The Heights of Summerlin, a skilled nursing facility, for rehabilitation after surgery. Upon her discharge, she contracted COVID-19 and died eight days later. Her daughter, Rachelle Crupi, filed a lawsuit against The Heights and its parent companies, alleging that they failed to implement effective COVID-19 safety protocols. The claims included negligence, wrongful death, and other related causes of action.The Heights removed the case to federal court, which remanded it back to state court. In state court, The Heights moved to dismiss the case, arguing that the federal Public Readiness and Emergency Preparedness Act (PREP Act) and Nevada’s Emergency Directive 011 granted them immunity from Crupi’s claims. The district court dismissed the professional negligence claim but allowed the other claims to proceed.The Heights then petitioned the Supreme Court of Nevada for a writ of mandamus, seeking to dismiss the remaining claims based on the same immunity arguments. The Supreme Court of Nevada reviewed the petition and concluded that the PREP Act does not apply to a lack of action or failure to implement COVID-19 policies. The court also determined that Directive 011 does not grant immunity to health care facilities, as it applies to individual medical professionals, not facilities.The Supreme Court of Nevada denied the petition for a writ of mandamus, holding that neither the PREP Act nor Directive 011 provided immunity to The Heights for the claims brought by Crupi. The court affirmed the district court’s decision to allow the remaining claims to proceed. View "The Heights of Summerlin, LLC v. District Court" on Justia Law

Mark Glen Spencer died from sepsis two days after a surgical procedure performed by Dr. Lana Nelson at Norman Regional Medical Authority. Spencer's brother, Jimmy Wayne Spencer, acting as the Special Administrator of the estate, filed a wrongful death action against the hospital and Dr. Nelson, alleging negligent and grossly negligent treatment. The hospital delayed providing complete medical records, which were essential for evaluating the claim.The District Court dismissed the case, finding that the plaintiff had actual knowledge of the potential claim before the statutory deadline and that Dr. Nelson, as a hospital employee, was immune from individual liability under the Oklahoma Governmental Tort Claims Act (GTCA). The Court of Civil Appeals affirmed the dismissal, holding that the discovery rule did not apply to wrongful death claims under the GTCA and that Dr. Nelson could not be individually sued for actions within the scope of her employment.The Supreme Court of the State of Oklahoma reviewed the case and vacated the Court of Civil Appeals' opinion. The Supreme Court held that the discovery rule applies to wrongful death actions arising from medical negligence under the GTCA. It also ruled that governmental employees have no immunity under the GTCA for gross negligence or acts outside the scope of employment. The court found that the trial court erred in making factual determinations on a motion to dismiss and that it should have taken the plaintiff's allegations as true. The case was remanded for further proceedings consistent with these findings. View "SPENCER v. NELSON" on Justia Law

Daniel McCurry and Carie Powell sued Dr. Inder Singh for malpractice, alleging he violated a duty of care by refusing to treat their mother, Carol McCurry, who died while awaiting transfer to another hospital. Carol was brought to Methodist Hospital with shortness of breath and was diagnosed with an aortic dissection and a possible heart attack. Dr. Michael Brandon, the treating emergency physician, consulted Dr. Singh, an on-call interventional cardiologist at Mercy General Hospital. Dr. Singh initially agreed that Carol needed acute catheterization but later decided she was not a candidate for the procedure. Consequently, Dr. Singh did not accept her transfer, and Carol died before she could be transferred to another facility.The Superior Court of Sacramento County granted summary judgment in favor of Dr. Singh, ruling that he did not owe a duty of care to Carol because no physician-patient relationship existed between them. The court found that Dr. Singh did not affirmatively treat or directly advise Carol, and thus, no legal duty was established.The Court of Appeal of the State of California, Third Appellate District, reviewed the case de novo and affirmed the lower court's decision. The appellate court held that a physician's duty of care arises only when a physician-patient relationship is established, which did not occur in this case. Dr. Singh's consultation with Dr. Brandon and his decision not to treat Carol did not create such a relationship. The court also declined to apply the reasoning from an Arizona case cited by the plaintiffs, emphasizing that under California law, the duty of care is contingent upon the existence of a physician-patient relationship. Therefore, the summary judgment in favor of Dr. Singh was affirmed. View "McCurry v. Singh" on Justia Law

Raizel Blumberger filed a medical malpractice lawsuit against Dr. Ian Tilley, alleging that he failed to provide proper medical care during childbirth, resulting in her injuries. Dr. Tilley was an employee of Eisner Pediatric and Family Medical Services, a federally funded health center deemed a Public Health Service (PHS) employee for 2018. The Attorney General appeared in state court, stating that Dr. Tilley's status was under consideration. A year later, the Attorney General advised that Dr. Tilley was not a deemed employee, leading Dr. Tilley to remove the case to federal court under 28 U.S.C. § 1442 and 42 U.S.C. § 233(l)(1).The United States District Court for the Central District of California remanded the case, finding Dr. Tilley's removal untimely under § 1442 and concluding that the Attorney General satisfied its advice obligations under § 233(l)(1). Dr. Tilley appealed, arguing that the Attorney General failed to properly advise the state court of his deemed status, thus making removal appropriate.The United States Court of Appeals for the Ninth Circuit held that the district court analyzed the timeliness of Dr. Tilley's § 1442 removal under the wrong legal standard and remanded on that basis. The court determined it had jurisdiction to review the district court’s § 233 analysis, despite potential untimeliness. The Ninth Circuit concluded that the Attorney General was obligated under § 233(l)(1) to advise the state court that Dr. Tilley had been a deemed employee during the relevant period. The court reversed the district court’s conclusion that the Attorney General’s notice satisfied § 233(l)(1) and held that the government was obligated to remove the case to federal court. The case was vacated and remanded for further proceedings consistent with this opinion. View "BLUMBERGER V. TILLEY" on Justia Law