Justia Kentucky Supreme Court Opinion Summaries

Pratikshya Gurung (“the Estate”) was born with brain damage and quadriplegia. The Estate filed in the circuit court a medical negligence action against Norton Hospital. During the course of discovery, the Estate requested production from Norton of various hospital documents relating to patient safety. Norton argued that the documents were not discoverable. The trial court compelled the production of the disputed documents and denied Norton’s privileged claim. Norton filed a petition in the court of appeals for a writ of prohibition and a request for an order staying execution of the trial court’s discovery order. The Estate, in turn, received an emergency hearing with the trial court. Before the hearing on Norton’s emergency motion in the court of appeals and after the Estate’s emergency hearing with the trial court, the trial court handed the copies of the disputed documents directly to counsel for the Estate. The court of appeals subsequently dismissed Norton’s writ petition as moot. The Supreme Court reversed the dismissal, holding that the court of appeals abused its discretion because its decision was not based on sound legal principles. Remanded for consideration of Norton’s asserted privilege. View "Norton Hospitals, Inc. v. Hon. Barry Willett" on Justia Law

Plaintiff filed suit against William Shaffer, M.D., an orthopedic surgeon, alleging that Dr. Shaffer failed to obtain her informed consent before operating on her. The jury returned verdicts in favor of Dr. Shaffer, and the trial court entered judgment accordingly. Plaintiff appealed, arguing that the judgment should be set aside because the trial court’s jury instructions misstated the law regarding informed consent. The Supreme Court reversed, holding that the instruction given in this case was erroneous because it failed to incorporate the law applicable to a medical provider’s duty to obtain informed consent. Remanded for further proceedings. View "Sargent v. Shaffer" on Justia Law

Plaintiff sued Defendant, a medical doctor, claiming that Defendant failed to obtain her informed consent before operating on her. The jury returned a verdict for Defendant, and the trial court entered judgment accordingly. The court of appeals affirmed. Plaintiff appealed, arguing that the judgment should be set aside because the trial court’s instructions to the jury misstated the law regarding informed consent. The court of appeals affirmed. The Supreme Court reversed, holding (1) the instruction given in this case was in error because it failed to incorporate the law applicable to a medical provider’s duty to obtain informed consent; and (2) Plaintiff was prejudiced by the erroneous instruction. View "Sargent v. Shaffer" on Justia Law

Plaintiff in the underlying medical malpractice action sought a writ of prohibition to prevent the trial court from enforcing its order permitting counsel for the defendant in the underlying action (Dr. Castro) to contact Plaintiff’s treating physicians ex parte. The Court of Appeals declined to issue a writ, finding (1) no Kentucky law prohibits the trial court from authorizing ex parte correspondence with nonexpert treating physicians, and (2) the trial court’s order did not violate any right Plaintiff had to privacy of her medical information because the order did not compel any disclosure. The Supreme Court affirmed, holding (1) HIPAA does not prohibit ex parte interviews with treating physicians but does regulate the protected health information to be disclose in ex parte interviews; (2) Kentucky law places no restrictions on voluntary ex parte interviews with non expert treating physicians; and (3) the challenged order at issue in this case did not satisfy HIPPA procedural requirements for the disclosure of protected health information, but because the order expressly withheld the necessary authorization, a writ need not issue. View "Caldwell v. Hon. A.C. McKay Chauvin" on Justia Law

Dr. Daniel Bailey (Appellant) and his wife, Katherine, began divorce proceedings in 2008. Because the file included sensitive information, the trial court ordered that the file be sealed. In 2010, two of Appellant's former patients and their spouses (the Intervening Parties) filed medical negligence claims against Appellant. The Intervening Parties subsequently moved to intervene in the Baileys’ divorce action for the purpose of trying to unseal portions of the divorce record. The circuit court granted the motion to intervene and ordered the divorce record unsealed. Appellant filed a petition for writ of prohibition against the enforcement of the trial court’s order. The Court of Appeals denied the petition after noting that there was no adequate remedy by appeal and reaching the merits of the claimed error. The Supreme Court affirmed but on different ground, holding that the writ was correctly denied because Appellant had an adequate remedy by appeal, and therefore, the remedy of a writ was unavailable to him. View "Bailey v. Hon. Bertram" on Justia Law

Billy Jo Ries gave birth to a daughter who, due to the loss of approximately one-third of her blood during delivery, suffered multiple organ failure and brain damage. The Rieses filed suit against the hospital, the physician who delivered their daughter, and the neonatologist who treated their daughter after her birth, alleging medical negligence. The jury rendered a verdict in favor of the defendants. The court of appeals reversed, concluding that the trial court erred in admitting into evidence testimony from an expert that was not scientifically reliable under the Daubert standard. The physician appealed, arguing that the court of appeals impermissibly substituted its findings for the trial court’s findings regarding the reliability of the expert testimony and erroneously determined that the error required reversal. The Supreme Court reversed, holding that the trial court did not err in admitting the expert testimony, and if there was error, it was harmless. View "Oliphant v. Ries" on Justia Law

After Peggy Branham was involved in an accident, she was transported to the University of Kentucky Medical Center, where she was examined and treated by several physicians (Physicians). Two and one half hours after arriving in the emergency room, Branham was discharged. Branham died thirty-six hours later due to a ruptured aorta related to blunt force trauma to her chest. One year later, Branham’s estate (Estate) brought suit against the Physicians, the Medical Center, and University Hospital of the Albert B. Chandler Medical Center, Inc. (the Hospital Corporation). The trial court dismissed the claims against the Medical Center and the Hospital Corporation on grounds of sovereign immunity, and the jury found in favor of the Physicians. The Supreme Court affirmed, holding that the trial court (1) did not err in excluding evidence of one physician’s licensure problems and another physician’s failure to pass his medical board examination; (2) did not abuse its discretion in permitting the Physicians to call multiple expert witnesses; (3) properly instructed the jury regarding the standard of care; and (4) correctly concluded that the Hospital Corporation and the Medical Center had immunity. View "Branham v. Rock" on Justia Law

Luvetta Goff died as a result of complications from elective surgery performed by Appellants at the University of Kentucky Hospital (UK Hospital). Goff’s estate filed a wrongful death and medical malpractice action against Appellants. During discovery, the estate requested an “incident” or “event” report generated by a UK Hospital nurse concerning the surgery through the UK Healthcare Safety Evaluation System. Appellant sought a protective order concerning the report, arguing that it fell within the federal privilege created by the Patient Safety and Quality Improvement Act of 2005. The court of appeals granted Appellants the writ. The Supreme Court reversed the opinion of the court of appeals regarding the scope of the privilege under the Act, holding (1) the court of appeals was misguided in its ultimate limitations on the scope of the privilege; and (2) information normally contained in an incident report is not privileged under the Act and may be discovered, following an in camera review, and its information compelled. Remanded. View "Tibbs v. Circuit Court" on Justia Law

Luvetta Goff died as a result of complications from surgery performed by Appellants at the University of Kentucky Hospital. Goff’s estate filed an action against Appellants, alleging wrongful death and medical malpractice. This appeal arose from a discovery dispute regarding an alleged incident report generated by a surgical nurse concerning the surgery. Appellants petitioned the court of appeals for a writ of prohibition preventing the trial court from ordering production of the report, arguing that it fell within the federal privilege created by the Patient Safety and Quality Improvement Act of 2005. The court of appeals granted the writ but concluded that the Act’s privilege was limited. The Supreme Court reversed the opinion of the court of appeals regarding the protective scope of the privilege under the Act, holding that information normally contained in an incident report is not privileged under the Act and may be discovered, following an in camera review, and its information compelled. Remanded to the trial court for an in camera review. View "Tibbs v. Circuit Court" on Justia Law

Judith Burton filed a complaint against Dr. Philip Trover, a radiologist, and the Trover Clinic Foundation (TCF), Dr. Trover’s employer, alleging (1) Dr. Trover misread CT scans of her lungs, thereby delaying the diagnosis of her lung cancer, and (2) TCF was vicariously liable for Dr. Trover’s alleged negligence and was negligent itself in credentialing. Burton died before tried, and her Estate revived the complaint with respect to TCF, which impleaded Dr. Trover. A jury entered a verdict for Dr. Trover, and the trial court dismissed all of the Estate’s claims. The court of appeals reversed, concluding that the trial court erred by not allowing the Estate to cross-examine Dr. Trover regarding the status of his Kentucky medical license, and the error was not harmless. The Supreme Court reversed, holding that the trial court did not abuse its its discretion by excluding the license-status evidence, given the potential for confusing the issues to be tried and the strong likelihood that it would cause unfair prejudice. View "Trover v. Estate of Burton" on Justia Law