|
Medical Malpractice Opinions
|
Bowers v. BBH SBMC, LLC
|
Court: Supreme Court of Alabama
Docket:
SC-2023-0216
Opinion Date: December 1, 2023
Areas of Law:
Civil Procedure, Medical Malpractice, Personal Injury
|
In Alabama, an attorney was representing three individuals, Charles, John, and Linda Evans, in relation to a car accident. Following the accident, Charles was taken to Shelby Baptist Medical Center and discharged. He subsequently collapsed at home and died. The attorney filed a complaint asserting medical malpractice, negligence, wantonness, and recklessness on behalf of John as next friend of Charles. Eventually, an insurance company provided a settlement check and a general release relating to Charles. However, this check was signed by John and not Charles' personal representative, Bowers, who had been appointed after Charles' death. The trial court ruled that the settlement was binding on Bowers, and all claims against the defendants were dismissed.
Bowers appealed, and the Supreme Court of Alabama partially reversed the trial court's decision. It ruled that the trial court erred in entering a summary judgment in favor of the malpractice defendants without a motion from them and without holding an evidentiary hearing to determine whether the attorney had express or apparent authority to settle the wrongful-death claim against Short. The court affirmed the summary judgment in favor of Short with respect to John's and Linda's individual claims. The case was remanded to the trial court for further proceedings.
|
|
Bennett v. United States
|
Court: Washington Supreme Court
Docket:
101,300-1
Opinion Date: December 7, 2023
Areas of Law:
Constitutional Law, Medical Malpractice, Personal Injury
|
In the case presented, plaintiff Bette Bennett alleged that she suffered a traumatic brain injury due to medical negligence by the defendant, the United States. However, the cause of her injury was not diagnosed until after the eight-year statute of repose for medical malpractice actions under Washington law had expired, making it impossible for her to timely commence her lawsuit. The United States moved to dismiss her complaint as time-barred.
The Supreme Court of the State of Washington was asked to decide whether the statute of repose violates certain provisions of the Washington Constitution. The court held that while the legislature has broad authority to set time limits for commencing an action, the eight-year statute of repose for medical malpractice actions under RCW 4.16.350(3) violates the privileges and immunities clause of article I, section 12 of the Washington Constitution. The court reasoned that the statute implicates the fundamental right of state citizenship by limiting the pursuit of common law claims against certain defendants, but it does not satisfy the "reasonable ground" test under the state constitution. Therefore, the court concluded that the statute of repose is unconstitutional under independent state law. The court declined to reach the second certified question regarding whether the statute of repose unconstitutionally restricts a plaintiff's right to access the courts in violation of the Washington Constitution.
|
|
|
About Justia Daily Opinion Summaries
|
Justia Daily Opinion Summaries is a free newsletter service with over 65 newsletters covering every federal appellate court and the highest court in each U.S. state.
|
Justia also provides weekly practice area newsletters in 60+ different practice areas. All daily and weekly Justia Newsletters are free. You may request newsletters or modify your preferences by visiting daily.justia.com.
|
Please note that some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on any summary for legal research purposes.
|
You may freely redistribute this email in whole.
|
About Justia
|
Justia’s mission is to make law and legal resources free for all.
|
|