Justia Civil Procedure Opinion Summaries

Angela Williams, as mother and next friend of Li'Jonas Earl Williams, a deceased minor, appealed a judgment as a matter of law entered in favor of the remaining defendants, Dr. Wesley H. Barry, Jr., and Advanced Surgical Associates, P.C. Li'Jonas Williams was a 17-year-old with sickle-cell disease. In June 2014, Li'Jonas went to the emergency room at Southern Regional Medical Center in Georgia ("the Georgia hospital") complaining of back and chest pain. A CT scan performed at the Georgia hospital showed that Li'Jonas had cholelithiasis, which is stones in the gallbladder. Li'Jonas and Williams saw Li'Jonas's pediatrician in Montgomery, Dr. Julius Sadarian. Dr. Sadarian referred Li'Jonas to Dr. Barry for gallbladder removal. Dr. Barry testified that Li'Jonas tolerated the procedure well; that Li'Jonas did not experience any complications during the surgery; and that Li'Jonas had only about 10ccs (two teaspoons) of blood loss during the surgery. Li'Jonas did not experience any problems when he was in the post-anesthesia-care unit or when he was in the outpatient recovery room. On the evening of August 4, 2014, Li'Jonas was found unresponsive at his home. He was transported by ambulance to the emergency; ultimately efforts to revive Li'Jonas were unsuccessful and he died a half hour after admission to the ER. In her fourth amended complaint, Williams asserted a wrongful-death claim based on allegations of medical malpractice pursuant to the Alabama Medical Liability Act against defendants. Judgment was entered in favor of defendants, and Williams appealed. The Alabama Supreme Court found that when the evidence was viewed in a light most favorable to the plaintiff, Williams presented substantial evidence to create a factual dispute requiring resolution by the jury as to the issue whether the surgery performed by Dr. Barry was the proximate cause of Li'Jonas's death. It therefore reversed the trial court's judgment and remanded for further proceedings. View "Williams v. Barry" 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

A patient filed suit in 2015 for dental malpractice against his periodontist stemming from care he received from October 2011 through December 2012. The doctor moved for summary judgment based on the two-year statute of limitations. The patient responded that the discovery rule applied, and the statute did not start running until October 2013, less than two years before he brought suit. The doctor asserted that the patient was on inquiry notice in January 2013, and therefore the statute of limitations expired months before he brought suit. The superior court granted the motion for summary judgment. Finding no reversible error in the superior court's grant of summary judgment to the doctor, the Alaska Supreme Court affirmed. View "Arnoult v Webster" 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

Shane Berryhill fainted and fell out of an 18-foot deer stand while hunting five days after undergoing major heart surgery. Plaintiffs Berryhill and his wife sued his surgeon, Dr. Dale Daly, and Savannah Cardiology (collectively “defendants”), claiming Daly’s negligent prescribing caused him to faint. The trial court instructed the jury on assumption of risk, and the jury returned a defense verdict. The Court of Appeals reversed and held that the instruction should not have been given. The Georgia Supreme Court granted certiorari and found there was at least slight evidence presented at trial to warrant the instruction: Berryhill knew he had just had major surgery for serious cardiac problems, and evidence (although contradicted) existed to show that he had been instructed not to engage in strenuous activity and not to lift more than ten pounds, bend, or stoop over for at least seven days after his procedure. Even though Berryhill was not informed of the specific risk of fainting, violating such explicit medical instructions immediately after major heart surgery "poses an obvious cardiovascular risk to which competent adults cannot blind themselves," and constituted the slight evidence needed here to warrant a jury instruction. Judgment was reversed. View "Daly v. Berryhill" 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

Elaine Kirt died in 2010, due to complications that developed shortly after undergoing eye surgery. On September 23, 2011, her son, Neville Kirt, appearing in person and on behalf of his deceased mother and his two brothers, filed a request with the Division of Administration asking for a medical review panel to review the care provided to his mother by three defendants: Dr. Rebecca Metzinger, the attending surgeon; Dr. Theodore Strickland III, the anesthesiologist for the procedure; and Tulane Medical Center. In a reply letter to Neville, the Patient’s Compensation Fund Oversight Board (PCF) acknowledged receipt of the request; confirmed Dr. Metzinger, Dr. Strickland, and Tulane University Hospital & Clinic were qualified under the Louisiana Medical Malpractice Act (Act); informed Kirt a filing fee of $100 per qualified defendant was due; and requested payment of $300. The notice stated the failure to pay would render the request invalid, without effect, and would not suspend the time to file suit. Days later, then appearing through counsel, the Kirts sent a second letter asking to amend its previous request, adding two additional nurses. The Kirts included a $500 check to cover filing fees. A medical review panel convened, reviewed the care provided by all named healthcare providers, and found no breach of the standard of care. The Kirts thereafter filed against the doctors and nurses. Claims against the doctors were dismissed by summary judgments because there was no proof they breached the standard of care while treating Elaine Kirt. Those judgments expressly barred allocating fault to the dismissed parties and prohibited introducing evidence at trial to establish their fault. The nurses then filed peremptory exceptions of prescription, claiming the request for a medical review panel was invalid because the Kirts failed to pay the final $100 filing fee, and prescription was not suspended for any claims. The trial court concurred with the nurses and granted an exception of prescription. The Supreme Court determined that because the Kirts paid filing fees for five of six named defendants, dismissal of one of the nurses was proper for lack of a filing fee. The Court determined the lower courts did not consider or decide the merits of the Kirts' argument that they could not have reasonable known about the claims against two of the nurse defendants until one was deposed. Because the lower courts did not consider or decide the merits of the Kirts' basis for the exception of prescription, which could have turned on factual findings, the Supreme Court pretermitted consideration of these arguments and remanded the matter to the trial court for further disposition of the exception. View "Kirt v. Metzinger" on Justia Law

In this case involving the construction of Ariz. R. Civ. P. 4(i), the Supreme Court held that, under Rule 4(i), if a plaintiff shows good cause for failing to serve a defendant within ninety days, a court is required to extend the time for service, but also under the rule, a court in its discretion may extend the period for service without a plaintiff showing good cause.Melissa Langevin filed a complaint against Dr. Steven Sholem. More than ten months after the ninety-day deadline had expired, Langevin filed a motion pursuant to Rule 4(i) seeking to extend the time for service. The trial court determined there was good cause to grant the motion and extended the deadline. After Langevin served Sholem he moved to dismiss, arguing that the complaint did not show good cause for extending the deadline. The trial court denied the motion to dismiss. The Supreme Court affirmed, holding that there was no good cause for an extension under rule 4(i), but there were discretionary grounds in the record to deny Sholem's motion to dismiss. View "Sholem v. Honorable David Gass" on Justia Law

The estate of Ed Young, deceased, by and through its personal representative, Fannie Pollard, appealed the grant of summary judgment entered in favor of H.C. Partnership d/b/a Hill Crest Behavioral Health Services ("Hill Crest") in a wrongful-death action alleging medical malpractice. On May 7, 2017, the estate of Ed Young sued Hill Crest alleging that Hill Crest caused Young's death on May 9, 2015, by improperly administering the antipsychotic drugs Haldol and Thorazine to Young as a chemical restraint without taking a proper medical history and evaluating him. The style of the complaint indicated that it was filed by the "Estate of Ed Young and Fannie M. Pollard as personal representative of the Estate of Ed Young." On May 8, 2017, the probate court appointed Fannie M. Pollard as administrator of Young's estate. On May 9, 2017, the two-year limitations period under Alabama's wrongful-death act expired. On June 15, 2017, the estate filed an amended complaint, adding additional claims against Hill Crest. The amended complaint listed as plaintiffs the estate and Pollard as the personal representative of the estate. The parties then engaged in discovery. In 2019, Hill Crest moved for summary judgment, arguing that Pollard was not the personal representative of the estate when the complaint was filed, and therefore she lacked capacity to bring suit. Furthermore, Hill Crest argued the complaint was a nullity and there was no properly filed underlying action to which Pollard's subsequent appointment as personal representative could relate. The Alabama Supreme Court found Hill Crest's argument regarding the relation-back doctrine as unavailing: "the relation-back doctrine 'simply recognizes and clarifies what has already occurred' in that application of the doctrine does not extend the limitations period but merely allows substitution of a party in a suit otherwise timely filed." Summary judgment was reversed and the matter remanded for further proceedings. View "Pollard v. H.C. Partnership d/b/a Hill Crest Behavioral Health Services" on Justia Law

Penny Phillips, her son, and daughter, brought a medical malpractice suit against various Idaho Falls health care providers. Phillips and her children alleged the health care providers were negligent in the care they provided to Phillips’ husband, Scott Phillips, immediately prior to his death by suicide. The district court rejected the Phillipses’ claims by granting summary judgment in favor of the health care providers. The Phillipses appealed several adverse rulings by the district court. The health care providers cross-appealed, contending the district court abused its discretion in amending the scheduling order to allow the Phillipses to name a rebuttal expert. The Idaho Supreme Court determined summary judgment was improvidently granted: it was an abuse of the trial court's discretion in: (1) granting the providers' motion for a protective order preventing the Phillipses from conducting a I.R.C.P. 30(b)(6) deposition regarding the community standard of care; (2) in allowing depositions of local familiarization experts because it did not apply the correct standard; and (3) striking an expert's testimony because that expert demonstrated the requisite actual knowledge of the local standard of care. The court did not abuse its discretion in granting the Phillipses' motion to amend the scheduling order. Therefore, the trial court's judgment was reversed and the matter remanded for further proceedings. View "Phillips v. Eastern ID Health Svcs" on Justia Law