Case 5 Index
Introduction
ED Bounceback
Outcome
Nurse Depositions
Nurse Expert Witnesses
Physician Depositions
Physician Expert Witnesses
Legal Outcome
Documentation Review
Medical Review
This medical malpractice civil court case was filed in federal court. Generally, medical malpractice cases are handled at the state level. However, because the nurses involved were employees of the VA (and therefore, federal government), it was filed in federal court. The doctor involved was not a federal employee, he was working as a contractor. Due to a legal principle called “pendent jurisdiction”, the federal court handled both the case against the nurses (federal employees) and the physician (generally dealt with in state courts). Pendent jurisdiction “is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by the Supreme Court as ‘jurisdiction over nonfederal claims between parties litigating other matters properly before the court.'” (Source)
The attorneys working for the federal government (defending the 2 nurses), filed a motion for summary judgment. Summary judgment occurs when the judge enters a decision, without jury trial. The defense attorneys asked for a summary judgment on the basis that the plaintiff’s nurse expert witness opinion was insufficient to support the case. After reviewing the evidence in the case and the nurse expert witness opinion in question, the judge dismissed the claims against the nurses. The case did not go to trial. After the nurses were dismissed, this left only the doctor and his employer as defendants on the case. While the federal court case against the doctor was dismissed, the plaintiff was allowed to continue the case against the doctor in state court. The federal court order and rationale, written by the judge, are shown below.
The case was then re-filed in state court, against the doctor and his employer. The case did not go to trial. After negotiations between the two sides, a settlement was reached. The terms of the settlement are sealed and are known only to the parties involved.