Articles Posted in Medical Malpractice

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Decedent was a resident of Courtyard Gardens Health and Rehabilitation, LLC for nearly one year when she transferred to another nursing home. Decedent subsequently executed a purported durable power of attorney in favor of Appellant. Thereafter, Appellant, as power of attorney for Decedent, filed suit against Courtyard Gardens alleging negligence, medical malpractice, and violations of the Arkansas Long-Term Care Residents’ Rights Act. After Decedent died, the circuit court entered an order substituting as the nominal plaintiff Appellant, as special administrator of Decedent’s estate and on behalf of the wrongful-death beneficiaries of Decedent (“the Estate”). Courtyard Gardens moved for summary judgment, asserting that the complaint and amended complaint filed by Appellant under the power of attorney given to him by Decedent were nullities because the power of attorney was invalid and that the circuit court should dismiss the action because the statute of limitations on the Estate’s claims had expired. The circuit court granted Courtyard Gardens’ motion for summary judgment. The Supreme Court affirmed, holding that the circuit court did not err in finding that the power of attorney was invalid and in granting summary judgment based on the conclusion that the complaints were nullities. View "Quarles v. Courtyard Gardens Health & Rehab., LLC" on Justia Law

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Carolyn Gray brought a medical malpractice action against White River Medical Center and its insurer (collectively, WRMC), alleging failure to intervene, vicarious liability, lack of qualified staff, nondelegable duty, and breach of contract. The circuit court granted partial summary judgment in favor of WRMC, dismissed Gray’s breach of contract claim, and, for the remaining claims, allowed Gray ten days to amend her complaint. Gray amended her complaint. WRMC renewed its original motion to dismiss. Gray then filed a second amended complaint alleging negligent hiring of an independent contractor. WRMC moved to dismiss Gray’s additional claim. The circuit court granted WRMC’s remaining motions to dismiss. Gray appealed. The Supreme Court dismissed the appeal without prejudice for lack of a final order, holding that the circuit court’s order did not contain specific factual findings that there was no just reason for delay in accordance with Ark. R. Civ. P. 54(b). View "Gray v. White River Health Sys. Inc." on Justia Law

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On December 2, 2010, Plaintiff, the husband of the decedent in this case, filed a medical-malpractice action against Defendants as attorney-in-fact for the decedent. The case was removed to federal court and then remanded to state court. On June 7, 2011, Plaintiff filed an amended and substituted complaint that added a defendant. On November 21, 2011, Plaintiff filed a new complaint essentially identical to the amended and substituted complaint in the circuit court. That complaint was removed to federal court, and the federal court stayed the action. Defendants filed a motion for summary judgment arguing that Plaintiff lacked standing to sue. The circuit court granted the motion, concluding that the November 21, 2011 complaint was the first validly filed action in this case and that the doctrine of forum non conveniens supported granting the motion. The Supreme Court affirmed, holding that the trial court did not abuse its discretion by electing to dismiss the complaint under the doctrine of forum non conveniens. View "Silkman v. Evangelical Lutheran Good Samaritan Soc’y" on Justia Law

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In 2010, Plaintiff filed a medical malpractice suit against Appellants, several healthcare practitioners. Before trial, Appellants filed third-party complaints against Gary Slaton for contribution and an allocation of fault pursuant to, inter alia, the Uniform Contribution Among Tortfeasors Act. The jury apportioned one hundred percent of fault to Slaton and found that Plaintiff obtained zero damages. The circuit court later vacated its previous judgment and granted a new trial based on recent decisions by the Supreme Court, concluding that the third-party complaints were not properly before the jury. The Supreme Court affirmed, holding (1) Act 1116 of 2013 could not be applied retroactively to this case because it created a new, substantive right of allocation of fault that Appellants sought to invoke in this case; and (2) any error in instructing the jury was not harmless. View "English v. Robbins" on Justia Law

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Appellant, as the special administrator of the Estate of Robert Nash, filed a wrongful-death suit against Dr. Victor Williams alleging that Dr. Williams placed a nasogastric tube against Nash’s express wishes and that he placed it improperly, thereby causing Nash to aspirate and suffer hypoxic brain injury. After a trial, the jury returned a verdict in favor of Dr. Williams. On appeal, Appellant argued, among other things, that the circuit court abused its discretion in giving the jury erroneous and confusing instructions in a case premised on lack of consent. The Supreme Court reversed and remanded for a new trial, holding that the circuit court abused its discretion in instructing the jury regarding the issue of informed consent. View "Millsap v. Williams" on Justia Law

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Plaintiff filed a medical-malpractice action for injuries allegedly sustained by his wife while she was a resident at Defendant’s nursing home. Defendant filed a motion to compel arbitration and for dismissal, asserting that the case was controlled by a valid arbitration agreement. The circuit court entered a general denial order denying the motion to compel arbitration. Defendant subsequently filed a timely motion for specific findings of fact and conclusions of law. The circuit court did not rule on the motion, and it was deemed denied. Defendant appealed. The court of appeals dismissed the appeal as untimely. The Supreme Court vacated the court of appeals and affirmed the circuit court’s denial of Defendant’s motion to compel arbitration, holding that the circuit court did not err in denying Defendant’s motion to compel arbitration.View "Evangelical Lutheran Good Samaritan Soc’y v. Kolesar" on Justia Law

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Appellants filed complaints alleging claims for malpractice and wrongful death against Appellees Dr. Jeffrey Kirchner, Arkansas Health Group, Baptist Health, and Baptist MedCare, Inc. for medical injury and the wrongful death of Alfred Spires. The circuit court dismissed Appellants' complaint with prejudice. The Supreme Court affirmed, holding that the circuit court did not err by (1) granting judgment in favor of Appellees before the completion of discovery; (2) dismissing the complaint against Kirchner for failure to state a claim upon which relief could be granted; and (3) dismissing the complaint against Arkansas Health, Baptist Health, and Baptist MedCare on the ground that Appellants' claims were barred by the statute of limitations. View "Worden v. Kirchner" on Justia Law

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Bobbie Troup, in her capacity as the administrator of the estate of Easter Dawkins, filed suit alleging medical malpractice and wrongful death against Petitioners. During the trial proceedings, Troup filed a petition requesting that Petitioners be required to pay for the cost of five expert witnesses who had appeared to testify on her behalf on the scheduled trial date but did not testify because the circuit court had granted a motion for continuance made by Petitioners. The circuit court entered an order directing Petitioner to pay Troup for expert-witness costs associated with the continuance of the trial. Petitioners petitioned the Supreme Court for a writ of prohibition or, in the alternative, a writ of certiorari, against the circuit court, contending that the court exceeded its authority and abused its discretion in ordering them pay the expert-witness costs of Troup. The Supreme Court denied the petitions, as Petitioners had an adequate remedy in the form of an appeal. View "Moore v. Circuit Court" on Justia Law

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While Defendant was performing laparoscopic surgery to remove Plaintiff's left ovary, Plaintiff's bowel was perforated. Plaintiff required a colostomy to repair the perforation. Plaintiff filed a claim alleging medical malpractice against Defendant and others. At trial, Plaintiff presented the expert testimony of a medical doctor who testified that the actions of Defendant were negligent. After Plaintiff rested, the circuit court granted Defendant's motion for a directed verdict on the issue of negligence and dismissed the complaint in its entirety. Plaintiff appealed, asserting that her expert's testimony was sufficient to satisfy the locality rule. The Supreme Court affirmed, holding (1) Plaintiff's expert's testimony regarding the standard of care in the same or similar locality was insufficient to create a question of fact on this issue; and (2) accordingly, the circuit court did not err in granting Defendant's motion for directed verdict. View "Plymate v. Martinelli" on Justia Law

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On May 2, 2011, Appellant filed a complaint alleging medical malpractice against Appellees. That same day, in accordance with the law at that time, the circuit court issued summonses stating that Appellees had twenty days after service of the complaint to file an answer. On June 2, 2011, after the summonses had been issued but before Appellees were served, the Supreme Court amended its rules to provide that all defendants have thirty days after service of the complaint to file an answer. The Court stated that the amendment would be effective July 1, 2011. One appellee (Dudding) was served on July 28, 2011, and another (Goodman) on August 9, 2011. Dudding filed a motion to dismiss, alleging that the summons was defective and the statute of limitations had expired. Goodman filed a motion for summary judgment, alleging that process was defective because the summons served upon him indicated that he had twenty days, rather than thirty days, to file a responsive pleading. The circuit court granted both motions, concluding that the summonses were defective when served, and dismissed the complaint as time-barred. The Supreme Court reversed and remanded, holding that the rule change did not invalidate summonses issued before July 1, 2011. View "May v. Coleman" on Justia Law