Justia Civil Procedure Opinion Summaries

Kelly Bowman and her husband Vernon, brought a medical malpractice suit against St. John Hospital and Medical Center, Ascension Medical Group Michigan, and Tushar Parikh, M.D., alleging that Parikh erroneously advised Kelly Bowman that a growth in her breast was benign, on the basis of his interpretation of a 2013 mammogram. For the next two years, she felt the lump grow and sought follow-up care. In April 2015, she underwent a biopsy, which revealed “invasive ductal carcinoma with lobular features.” In May 2015, she was diagnosed with metastatic breast cancer and underwent a double mastectomy, which revealed that the cancer had spread to a lymph node. In August 2016, soon after learning that the cancer had spread to her bone marrow, she sought a second opinion from a specialist and learned that the 2013 mammogram might have been misread. Defendants moved for summary judgment, contending the Bowmans' complaint was untimely under the applicable statute of limitations. The trial court denied the motion, and defendants appealed. The Court of Appeals reversed in a split decision. During the pendency of the proceedings, Kelly Bowman died, and her estate was substituted as plaintiff. The question for the Michigan Supreme Court's opinion was on whether Kelly Bowman "should have discovered the existence of [her claim] over six months before initiating proceedings. The Court answered, "no:" the record did not reveal Kelly Bowman should have known before June 2016 that her delayed diagnosis might have been caused by a misreading of the 2013 mammogram. "the available facts didn’t allow her to infer that causal relationship, and the defendants have not shown that Ms. Bowman wasn’t diligent. The present record does not allow us to conclude, as a matter of law, that Ms. Bowman sued over six months after she discovered or should have discovered the existence of her claim. And so we reverse the Court of Appeals’ judgment and remand to the trial court for further proceedings." View "Estate of Kelly Bowman v. St. John Hospital & Med. Ctr." on Justia Law

Carolyn Bowen sued Cottage Grove Nursing Home for wrongful death and medical negligence on behalf of her husband, Guy Bowen. Guy Bowen had been a resident of Cottage Grove since June 2016. In May 2017, Guy was diagnosed with prostate cancer that had metastasized into his organs and bones. In October 2017, Guy fell in the shower at Cottage Grove and sustained multiple fractures. The attending radiologist noted that the fractures were likely pathologic. Guy was transferred to a rehabilitation facility and then to Pleasant Hill Nursing Home. Guy did not return to Cottage Grove. On March 18, 2018, Guy presented to the emergency department at UMMC with various pain. A CT scan showed diffuse metastatic disease through his liver and widespread osseous disease in his bones. Guy died five days later. Carolyn in her suit, Carolyn claimed that Guy’s fall at Cottage Grove, in which he sustained multiple fractures, was the cause of Guy’s death five months later. Cottage Grove filed a summary-judgment motion for Carolyn’s failure to produce medical-expert testimony. The Mississippi Supreme Court determined the trial court erred by denying Cottage Grove’s summary-judgment motion. "Cottage Grove met its summary-judgment burden by showing that Carolyn had failed to produce sworn expert testimony establishing a prima facie case of medical negligence." View "Cottage Grove Nursing Home, L.P. v. Bowen" on Justia Law

Plaintiff Brenda Bergeron, individually and on behalf of her husband, Donald Bergeron, filed a medical malpractice claim against Donald Richardson, M.D. and Paul Hubbell, III, M.D. A medical review panel unanimously found Defendants breached the standard of care. Two of the three panel members found Defendants caused Mr. Bergeron’s pain, illness, and death. Plaintiff then filed wrongful death and survival actions against Defendants. Nearly six years later, Defendants filed a motion for bond for cost pursuant to Louisiana Revised Statutes 13:4522. Plaintiff opposed the motion on several grounds, namely : (1) the motion was untimely under the plain language of the statute; (2) the costs claimed by Defendants were expenses, not actual taxable costs; and (3) she challenged the constitutionality of the statute. After a hearing, the trial court denied the motion for bond for cost, finding it untimely. The trial court concluded Louisiana Revised Statutes 13:4522 precluded a motion for a cost bond after the defendant’s answer is filed. Because the motion was denied, the trial court found the constitutional claim moot. The Court of Appeal reversed, but the Louisiana Supreme Court reversed the appellate court, concurring with the trial court that defendants' motion for bond for costs was untimely. View "Bergeron v. Richardson et al." on Justia Law

John Dee and Brenda Peterson appealed the grant of summary judgment in favor of Triad of Alabama, LLC, d/b/a Flowers Hospital ("Triad") on the Petersons' claims asserted in their medical-malpractice action. John was admitted to Flowers Hospital ("the hospital") in August 2014 for treatment of abdominal pain and fever that was caused by colitis. John was suffering from chronic lymphocytic leukemia, end-stage renal disease, and diabetes. While he was admitted to the hospital in August 2014, John had a peripherally inserted central catheter ("PICC line") in his left shoulder. According to the Petersons, after John had suffered "constant pain and aggravation" around the area where the PICC line was inserted, a doctor agreed to have the PICC line removed the following morning. The Petersons asserted that, a nurse, Matthew Starr, was busy with other patients to immediately remove the line. The Petersons contended that another doctor was then called, that the doctor advised the nurses treating John to take out the PICC line, and that the nurses refused. The Petersons asserted that Starr "abandoned" John. Thereafter, John experienced a deep vein thrombosis ("DVT") in his upper left arm, which caused swelling and tissue necrosis. The Alabama Supreme Court affirmed, finding that the Petersons did not make an argument supported by sufficient authority to demonstrate the trial court erred. "They failed to present expert medical testimony from a similarly situated health-care provider to establish the applicable standard of care, a deviation from that standard, and proximate causation linking the actions of hospital staff to John's injury." View "Peterson v. Triad of Alabama, LLC, d/b/a Flowers Hospital" on Justia Law

Yshekia Fletcher appealed the grant of summary judgment entered in favor of the Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital ("the Authority") on Fletcher's claims asserted in her medical-malpractice action. In 2016, Fletcher was admitted to Huntsville Hospital to undergo a laparoscopic tubal-ligation surgery. Before the surgery, Fletcher's doctor, Dr. Leon Lewis, explained to Fletcher that he might have issues performing the surgery because of her obesity. During the procedure, Fletcher was placed in a Trendelenburg position - a position that lowers the head of the patient by manipulating the angle of the operating table. While in Trendelenburg, Fletcher began to slip downward off the operating table. Nursing staff caught Fletcher’s body and gently placed her on the operating room floor, where the surgeon removed the trocars and closed the incisions. After the procedure, Fletcher underwent a CT scan of her head, neck, and hip, which were normal. She was admitted overnight and discharged the following day. Fletcher later complained of hip pain after the incident. She was evaluated by an orthopedic surgeon, who noted that she had a contusion and that she had had right-hip surgery as a child. Fletcher was admitted to the hospital overnight and discharged the following day with a walker. The Alabama Supreme Court concluded the trial court correctly entered summary judgment in favor of the Authority based on Fletcher's failure to present expert medical testimony. View "Fletcher v. Health Care Authority of the City of Huntsville d/b/a Huntsville Hospital" on Justia Law

Jackson Hospital & Clinic, Inc. ("Jackson Hospital") appealed the denial of its postjudgment motion seeking a judgment as a matter of law or, in the alternative, a new trial following the entry of a judgment on a jury verdict against Jackson Hospital and in favor of plaintiff, Cameron Murphy. In February 2011, Murphy, after experiencing back pain, was referred for treatment to Dr. Margaret Vereb, a board-certified urologist employed by Jackson Hospital. Dr. Vereb determined that Murphy had kidney stones and recommended a ureteroscopy procedure to remove the stones. During that procedure, Dr. Vereb used a glidewire to establish the correct surgical path to Murphy's kidneys through his urinary tract. Dr. Vereb then used a laser to break the kidney stones into smaller fragments for removal. Following an uneventful period of recovery, the surgery was deemed successful, and Murphy was released. During a postoperative evaluation two days later, it was reported that Murphy had been experiencing pain, but he was assured that such symptoms were normal. Murphy was prescribed pain medication and discharged. In June 2011, however, Murphy experienced painful urination and blood in his urine. An X-ray performed at that time revealed that a piece of the glidewire used during the ureteroscopy procedure remained lodged in Murphy's bladder. Upon seeking treatment from another urologist, a 5.6 centimeter glidewire fragment was removed from Murphy's bladder. Murphy subsequently sued both Dr. Vereb and Jackson Hospital alleging claims under the Alabama Medical Liability Act ("the AMLA"). The Alabama Supreme Court found Murphy presented no evidence -- in the form of expert testimony or otherwise -- that Jackson Hospital breached the applicable standard of care in any manner, Murphy failed to present evidence substantiating an essential element of his defective-equipment claim against Jackson Hospital, and therefore the jury's verdict on that claim was unsupported. Therefore, Jackson Hospital was entitled to a judgment as a matter of law in its favor. The judgment entered on the jury's verdict against Jackson Hospital was reversed. View "Jackson Hospital & Clinic, Inc. v. Murphy" on Justia Law

Mississippi Baptist Medical Center (MBMC) sought, and the Mississippi Supreme Court granted interlocutory appeal challenging a circuit court's denial of its motion for summary judgment. Mississippi Baptist Health System (MBHS) also appealed the circuit court’s order granting summary judgment in its favor, claiming that the circuit court erred by granting the judgment without prejudice instead of with prejudice. In 2016, Roosevelt Ard arrived at the emergency room at MBMC complaining of chest pain and leg numbness after earlier undergoing an outpatient cardiac stress test. Ard was checked by two nurses and seen by an emergency room physician, Dr. William Dawson, an emergency-medicine physician employed by Mississippi Physicians, LLP. Dr. Dawson ordered one shot of Dilaudid for Ard’s pain. He then ordered a chest X-ray and EKG, which were both normal, ruling out cardiovascular issues. Dr. Dawson diagnosed Ard with acute back strain and discharged him with a prescription for oral pain relief and muscle relaxants. Eight hours after being discharged, Ard became unresponsive at home and was rushed to the emergency room at University of Mississippi Medical Center (UMMC) via ambulance, where he was pronounced dead after cardiac arrest. Ard’s autopsy report showed that the cause of death was aortic dissection. Plaintiffs, Ard's family, filed a complaint against MBMC, MBHS, Dr. Dawson, and Mississippi Physicians, arguing: (1) MBMC was vicariously liable for the medical care rendered by Dr. Dawson at MBMC’s emergency department; and (2) MBMC was vicariously liable for the allegedly negligent care provided by its nursing employees in the emergency department. After the Plaintiffs did not answer MBMC and Dr. Dawson’s propounded discovery for two years, MBMC filed a motion for summary judgment. MBMC claimed it was not vicariously liable and that negligence could not have proximately caused Ard’s injuries. The Mississippi Supreme Court found that the circuit erred by denying MBMC’s motion for summary judgment since the Plaintiffs failed to establish the element of causation in their medical-malpractice claim against MBMC. The Court also found that the circuit court erred by not dismissing the Plaintiffs’ claims against MBHS with prejudice. View "Mississippi Baptist Health Systems Inc. et al. v. Harris" on Justia Law

Plaintiff Darren Hulbert, a self-represented indigent inmate, appealed the dismissal of his medical malpractice suit Richard Cross, M.D. Dr. Cross performed a radial head resection and arthroplasty on Hulbert’s right elbow. Hulbert alleged that Dr. Cross negligently failed to tighten a screw in the implant, which resulted in the screw coming loose and damaging Hulbert’s elbow joint, cartilage, and surrounding tissue. To help establish his claim, Hulbert filed a motion for appointment of legal counsel and a medical expert. The trial court denied the motion and subsequently found that Hulbert could not rebut the declaration of Dr. Cross’s medical expert without providing medical expert evidence of his own. On this basis, the trial court granted Dr. Cross’s motion for summary judgment. On appeal, Hulbert contended: (1) he was deprived of meaningful access to the courts because the trial court denied him the assistance of a medical expert while requiring a medical expert to establish a triable issue of material fact; (2) the trial court failed to exercise its discretion by considering all of the remedies available to ensure that he had meaningful access to the courts; (3) the trial court erred in determining there was no triable issue of material fact because the loose screw itself did not prove medical negligence; (4) the trial court erred in refusing to appoint legal counsel; (5) Dr. Cross did not provide informed consent prior to the procedure; (6) the declaration by Dr. Cross’s medical expert was insufficient to overcome a presumption of negligence because Dr. Cross’s operation notes failed to show compliance with the implant manufacturer’s instructions. After review, the Court of Appeal concluded the trial did not properly exercise informed discretion with respect to ensuring access to the courts when it denied Hulbert’s motion for appointment of a medical expert. The trial court’s statement that it lacked authority to appoint legal counsel required remand to allow the trial court to consider and clarify which remedies were appropriate in this case to protect Hulbert’s right to meaningful access to the court. View "Hulbert v. Cross" 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

The issue this case presented for the New Mexico Supreme Court’s review centered on whether the cap on all damages other than medical care and punitive damages under the Medical Malpractice Act (MMA), violated the right to trial by jury guaranteed by Article II, Section 12 of the New Mexico Constitution. Plaintiff Susan Siebert successfully sued her doctor, Rebecca Okun, M.D., and Women’s Specialists of New Mexico, Ltd. (WSNM) for medical malpractice under the MMA. Following the return of the jury’s verdict, Defendants Dr. Okun and WSNM moved to reduce the jury award of $2,600,000 to conform with the $600,000 cap on all nonmedical and nonpunitive damages in MMA actions. The district court denied Defendants’ motion, concluding that the MMA nonmedical, nonpunitive damages cap infringed the state constitutional right to a trial by jury. The Supreme Court held that the MMA nonmedical, nonpunitive damages cap did not violate Article II, Section 12, and reversed the district court’s denial of Defendants’ motion to conform the judgment in accordance with the statutory cap. View "Siebert v. Okun" on Justia Law