Justia South Dakota Supreme Court Opinion SummariesArticles Posted in Medical Malpractice
Ferguson v. Thaemert
In this case brought by a patient who sued her doctor for lack of informed consent, the Supreme Court reversed the decision of the circuit court granting in part Plaintiff's motion to compel the production of medical records of Defendant's non-party patients, holding that the circuit court erred.Plaintiff underwent an anterior spinal surgery with Defendant, a general surgeon, to relieve lower back pain. After Defendant performed a vertical incision rather than Plaintiff's requested horizontal incision Plaintiff brought this action alleging that Defendant performed the vertical incision without Plaintiff's informed consent. At issue was Plaintiff's motion to compel certain non-party patients' medical records. The circuit court granted the motion to compel in part, limiting the scope of the discoverable records. The Supreme Court reversed the order, holding that the records Plaintiff requested were irrelevant and therefore not discoverable. View "Ferguson v. Thaemert" on Justia Law
Hanson v. Big Stone Therapies, Inc.
The Supreme Court affirmed in part and in part reversed the judgment of the circuit court granting summary judgment in favor of Defendants, a physical therapy company and a hospital, on Plaintiffs’ negligence claims, holding that the physical therapist failed to demonstrate an absence of any genuine issue of material fact.The plaintiff patient in this case was diagnosed with a fractured femur after a physical therapy session following her hip surgery. Plaintiffs, the patient and her husband, alleged that the physical therapist was negligent during the physical therapy session and that the hospital was negligent in failing timely to diagnose the fractured femur. The circuit court granted Defendants’ motions for summary judgment. The Supreme Court held (1) the circuit court correctly granted the hospital summary judgment because Plaintiffs were required to, but did not, support their claim with proper expert testimony; and (2) there was sufficient evidence in the record to create a material issue of fact concerning whether the physical therapist deviated from the required standard of care. View "Hanson v. Big Stone Therapies, Inc." on Justia Law
O’Day v. Nanton
In this medical malpractice action, the Supreme Court affirmed the judgment of the circuit court excluding Appellants’ expert’s undisclosed rebuttal testimony and refusing Appellants’ jury instruction.Appellants, as guardians ad litem for N.W.O., sued Defendant, alleging that Defendant improperly treated N.W.O. with the drug Reglan. During trial, Appellants attempted to present undisclosed rebuttal testimony from an expert witness and requested a nonapportionment-of-damages jury instruction. The circuit court denied the requested jury instruction and excluded the undisclosed expert witness from testifying. The Supreme Court affirmed, holding that the circuit court did not err in excluding Appellants’ undisclosed expert’s rebuttal testimony and in refusing Appellants’ requested jury instruction. View "O’Day v. Nanton" on Justia Law
Wipf v. Altstiel
Steven Wipf (Plaintiff) sued Dr. Terry Alstiel and Regional Health Physicians Inc. (Defendants) for medical malpractice, alleging that Dr. Altstiel accidentally perforated Wipf’s small bowel during a laparoscopic hernia repair and that Dr. Altstiel failed to inspect and find the perforations before completing the surgery. During discovery, Wipf sought access to operative and postoperative notices relating to follow-up care of some of Dr. Altstiel’s patients who had received laparoscopic hernia repairs. The circuit court found those records relevant and ordered Defendants to partially redact and produce the redacted records. The Supreme Court reversed, holding that the circuit court did not adequately ensure that privileged information was not disclosed. Remanded for the circuit court to consider whether additional safeguards will ensure patient anonymity and, if so, the court must enter a protective order before disclosure. View "Wipf v. Altstiel" on Justia Law
Novotny v. Sossan
Plaintiffs filed lawsuits against Defendants - a medical doctor, his medical clinic, two hospitals, and other individual defendants (collectively, Defendants) - alleging various causes of action, including negligence, negligent credentialing, fraud, and deceit. Plaintiffs sought production of documents from Defendants, but Defendants declined to produce all of them, asserting that some of the materials sought were peer review materials protected under S.D. Codified Laws 36-4-26.1. Plaintiffs moved to compel production, asking the circuit court to determine that section 36-4-26.1 was unconstitutional. The circuit court ordered Defendants to produce, without in camera review, documents protected by peer review, determining that the statute was constitutional only if it applied a “crime-fraud exception” and that the exception had been met in this case. The Supreme Court reversed, holding that the circuit court erred (1) by creating a crime-fraud exception to section 36-4-26.1, and (2) by ordering Defendants to produce materials in the possession of medical peer review committees. View "Novotny v. Sossan" on Justia Law
Pitt-Hart v. Sanford USD Med. Ctr.
In November 2009, Plaintiff underwent a knee-replacement surgery at Sanford USD Medical Center. The day after the surgery, when he was still hospitalized, Plaintiff fell while walking with assistance from a patient-care technician. After being discharged, Plaintiff underwent inpatient rehabilitation and outpatient physical therapy. In September 2012, Plaintiff sought additional physical therapy for the alleged effects of the injury resulting from his fall. When Sanford declined to pay for additional treatment, Plaintiff commenced this action. Sanford moved for summary judgment, asserting that Plaintiff’s action was time-barred under S.D. Codified Laws 15-2-14.1 as a medical malpractice claim. The circuit court granted the motion for summary judgment. Plaintiff appealed, arguing that he commenced his action within the three-year statute of limitations applicable to general-negligence actions and that the circuit court erred in determining his action was time barred. The Supreme Court affirmed, holding (1) Plaintiff’s action against Sanford was one for error or mistake, and therefore, section 15-2-14.1’s two-year period of repose applies; and (2) principles of estoppel and tolling are inapplicable to a period of repose, and the continuous-treatment rule did not toll section 15-2-14.1’s period of repose under the facts of this case. View "Pitt-Hart v. Sanford USD Med. Ctr." on Justia Law
Gores v. Miller
Fifteen-year-old Haley Gores was a passenger in a vehicle driven by Steven Smith when Smith lost control of the vehicle. Haley was treated by Dr. Lisa Miller for injuries she received during the accident. Dawn Gores, Haley’s mother and conservator, signed a general release in exchange for a settlement with Smith and Smith’s insurer. The release did not specifically name the treating physician or clinic, but it released al other claims that might develop from the accident. Haley and Dawn subsequently filed a malpractice suit against Dr. Miller and Yankton Surgical Associates (YSA), Dr. Miller’s practice group. Dr. Miller and YSA filed a motion for summary judgment, arguing that the release discharged Plaintiffs’ claims against them. The circuit court granted summary judgment, concluding that, based on the language of the release, the malpractice claims were discharged as a matter of contract. The Supreme Court affirmed, holding that the circuit court correctly determined that the release barred Plaintiffs’ claims as a matter of contract. View "Gores v. Miller" on Justia Law
Klein v. Sanford USD Med. Ctr.
Plaintiff was admitted to the intensive care unit at the Sanford USD Medical Center (Hospital) after being struck in the throat and head during an altercation. Plaintiff insisted on leaving the Hospital against medical advice. After Plaintiff left the Hospital, he brutally assaulted his neighbors. Plaintiff pleaded guilty to multiple charges related to the assault but was found not guilty by reason of mental illness. Plaintiff later brought this suit against the Hospital, alleging that the Hospital negligently failed to assess his mental condition after he insisted on leaving against medical advice, which made him a danger to himself and others. The circuit court granted summary judgment in favor of the Hospital on the grounds that S.D. Codified Laws 34-12C-7 applied, which provides good faith immunity to health care providers who follow a patient’s direction for his or her own health care, and that Plaintiff alleged no facts alleging bad faith. The Supreme Court affirmed, holding that the circuit court correctly found that section 34-12C-7 applies and that there was no disputed issue of material fact that the Hospital acted in good faith. View "Klein v. Sanford USD Med. Ctr." on Justia Law
St. John v. Peterson
This was the third of appeal of this medical malpractice action. The third appeal concerned Plaintiff’s claim that Defendant-doctor was negligent for failing to refer Plaintiff to a doctor who specialized in repairing vesicovaginal fistulas. The trial court granted Defendant’s motion in limine precluding Plaintiff from proffering statements from Defendant’s deposition regarding her treatment of three former patients who suffered vesicovaginal fistulas. The court further reaffirmed its earlier finding that Plaintiff’s proffered evidence regarding Defendant’s treatment of the three patients was not relevant. Moreover, the circuit court reaffirmed most of the redactions previously made to Defendant’s deposition. The jury returned a verdict for Defendant. The Supreme Court affirmed, holding that the circuit court did not err (1) when it denied admission of evidence regarding Defendant’s treatment of other patients; and (2) did not err by denying admission of expert testimony that Defendant breached the standard of care by failing to inform Plaintiff that repairing vesicovaginal fistulas was not her specialty. View "St. John v. Peterson" on Justia Law
McClaren v. Sufficool
The Estate of Karla McLaren brought a medical malpractice action against Dr. Wesley Sufficool in connection with a surgery performed on McLaren. Judgment was entered for the Estate. The Estate subsequently sought disbursement for video depositions of Dr. Sufficool, Karla’s treating physician, and Dr. Sufficool’s expert. After a hearing, the circuit court granted the Estate the transcript costs for the depositions but not for the videographer or video costs. The Estate appealed, arguing that the video depositions were necessary for impeachment purposes at trial. The Supreme Court reversed, holding that the circuit court’s ambiguous oral comments on the issue of the necessity of the video depositions were insufficient to permit meaningful review of the issue on appeal. Remanded for further factual determinations. View "McClaren v. Sufficool" on Justia Law