Saint Elizabeth Medical Center, Inc. v. Arnsperger

Court: Kentucky Supreme Court

Docket: 2022-SC-0302-DG

Opinion Date: January 18, 2024

Areas of Law: Medical Malpractice, Personal Injury

The Supreme Court of Kentucky dealt with a case regarding a patient, Ronald N. Arnsperger, Jr., who claimed he suffered injuries due to the negligent actions of a hospital staffer at Saint Elizabeth Medical Center, Inc. Arnsperger had undergone surgery for his left ankle and later claimed that his injuries were caused by an incident in which his left ankle made contact with a desk while being transported in a wheelchair by a hospital staffer. The Boone Circuit Court initially granted summary judgment in favor of the hospital, agreeing with its argument that expert medical testimony was needed to establish causation. The Court of Appeals reversed, stating that this was a simple negligence case and no expert medical testimony was required.

Upon review, the Supreme Court of Kentucky reversed the decision of the Court of Appeals and reinstated the summary judgment of the trial court. The Supreme Court's decision hinged on the question of whether the injuries Arnsperger claimed to have suffered were caused by the allegedly negligent actions of the hospital staffer. Given Arnsperger's extensive medical history involving his left ankle, the Court held that the question of causation was not within the common knowledge of the jury and thus, expert medical testimony was necessary. The Court concluded that Arnsperger had failed to raise a genuine issue of material fact, and under no circumstances could his claim succeed due to the lack of expert testimony on causation.

MARSILLO v. DUNNICK

Court: Supreme Court of Texas

Docket: 22-0835

Opinion Date: January 12, 2024

Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury

The Supreme Court of Texas considered a medical negligence case where a 13-year-old girl, Raynee Dunnick, was bitten by a rattlesnake and was treated by Dr. Kristy Marsillo at a local hospital. The hospital had a specific guideline for snakebite treatment, which was followed by Dr. Marsillo. This guideline recommends administering antivenom, a treatment for snakebite, only when certain clinical parameters are met. According to the guideline, the risk of side effects from the antivenom should also be considered.

Raynee and her parents sued Dr. Marsillo, claiming that her adherence to the guidelines and her decision not to immediately administer the antivenom upon Raynee's arrival at the hospital was negligent and resulted in Raynee's pain, suffering, impairment, and disfigurement. The trial court granted Dr. Marsillo's motion for summary judgment on the grounds of no-evidence of breach of duty and causation. The court of appeals reversed this decision, but Dr. Marsillo appealed to the Supreme Court of Texas.

In its decision, the Supreme Court of Texas held that under section 74.153(a) of the Civil Practice and Remedies Code, a heightened standard of proof is required for a patient's negligence claim against a physician for injuries arising out of the provision of emergency medical care. The claimant must show by a preponderance of the evidence that the physician acted with willful and wanton negligence, which is at least equivalent to gross negligence.

The court found that the evidence presented by Raynee did not meet this standard. Specifically, the court found that the expert affidavit provided by Raynee was conclusory and did not adequately explain why the guidelines should have been disregarded or why doing so would have posed an extreme degree of risk to Raynee. Therefore, the court reversed the court of appeals’ judgment and reinstated the trial court’s summary judgment in favor of Dr. Marsillo.