Camen v. Glacier Eye Clinic, P.C.

Court: Montana Supreme Court

Citation: 2023 MT 174

Opinion Date: September 19, 2023

Judge: Gustafson

Areas of Law: Medical Malpractice

The Supreme Court reversed the judgment of the district court following a jury verdict in favor of Glacier Eye Center, P.C. (GEC) and Kalispell Regional Medical Center, Inc. (KRMC) in this medical malpractice action, holding that the district court abused its discretion by refusing to give certain jury instructions, requiring that this matter be remanded for a new trial.

Specifically, the Supreme Court held (1) the district court abused its discretion by refusing to give the jury a proportionate duty instruction and a loss of chance instruction under the facts of this case, and the court's failure to give these instructions resulted in the jury not being fully and fairly instructed in the applicable law, prejudicing Defendant and requiring a new trial; and (2) the district court erred by failing to poll the jury in the manner required by statute.

Uriegas v. Kenmar Residential HCS Services, Inc.

Court: Supreme Court of Texas

Docket: 22-0317

Opinion Date: September 15, 2023

Judge: Per Curiam

Areas of Law: Medical Malpractice, Personal Injury, Professional Malpractice & Ethics

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court that two expert reports provided to support Plaintiff's claims for negligence provided the information required by the Texas Medical Liability Act, Tex. Civ. Proc. & Rem. Code 74.351(a), (l), (r)(6), holding that the trial court did not abuse its discretion in denying Defendant's motion to dismiss.

Plaintiff, the guardian of a care facility resident, sued Defendant, the facility, alleging negligence. The trial court concluded that the two expert reports provided by Plaintiff to support the claims provided a fair summary of the experts' opinion regarding the standard of care, breach, and the cause of injury, as required by the Act. The court of appeals reversed on the ground that the reports lacked sufficient detail regarding the appropriate standard of care and breach. The Supreme Court reversed, holding that the proffered reports provided a fair summary of the experts' opinions as to the appropriate standard of care and breach of that standard.