Medical law cases of note.

MA: Attempt to Invoke Jurisdition Outside State: Court Ruled State Had no Jurisdiction Over Dr.

CASE FACTS: On December 4, 2003, Michael suffered a stroke. He was eventually transferred to Hasbro Children's Hospital (Hasbro) in Providence, Rhode Island, where he was diagnosed with Moyamoya disease. Michael came under the care of Dr. John Duncan, who performed a procedure known as encephalodural arteriosynangiosis on the right side of Michael's brain. Following In the second letter, dated January 26, 2004, Dr. Duncan summarized Michael's previous treatment, and described his surgery. Dr. Duncan had two follow-up visits with Michael in Providence. After each of these visits, Dr. Duncan mailed a letter to Michael's pediatrician in Massachusetts. In the first letter, dated December 29, 2003, Dr. Duncan described the facts leading up to the diagnosis and surgery, detailed the treatment Michael had received, discussed his condition post surgery, and specified that Michael would return for another office follow-up visit. In the second letter, dated January 26, 2004, Dr. Duncan summarized Michael's previous treatment. described his observations of the patient's condition, and stated that the plan was for Michael's parents to meet with him that week to "discuss their questions and concerns and to discuss the plan of management." In June 2004, Michael suffered a second stroke. He was taken to Children's Hospital in Boston, where surgery was eventually performed on both sides of the brain using the pial synangiosis procedure. In 2007 Michael's parents filed a malpractice suit in Massachusetts against Dr. Thomas Connolly., Michael's pediatrician, and Needham Pediatrics. P.C. In 2010, they amended their 2007 complain to add Dr. Duncan as a defendant, alleging negligence, lack of informed consent, and claims on behalf of both parents. They subsequently filed a motion to amend the complaint seeking to add a claim of negligent misrepresentation against Dr. Duncan based on the two letters he sent Michael's pediatrician. Their motion was denied, and the court granted Dr. Duncan's motion for summary judgment since the court had no jurisdiction over Dr. Duncan. Subsequently a second motion was filed. It too, was dismissed on the same grounds by another judge. The Lyons appealed.

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COURT'S OPINION: The Appeals Court of Massachusetts affirmed the judgment of the lower court. The court held, inter alia, that since the fact that Dr. Duncan's treatment of Michael was in Rhode Island and not in Massachusetts, there was no basis upon which the plaintiffs could invoke the jurisdiction of the Massachusetts courts on Dr. Duncan. The court ruled that this was so, despite the fact that Dr. Duncan was licensed to practice both in Rhode Island and Massachusetts since he neither practiced nor lived in Massachusetts. Thus, the Massachusetts courts had no basis in the law to exercise jurisdiction over him. Lyons v. Duncan, 81 Mass. App. Ct. 766 (5/23/2012)-MA

TN: Plaintiffs Refiled After Volnutary Dismissal: 'Savings Statute' Did Not Extend Limitations

CASE FACTS: On December 7, 2004, Derrick, Marcus. Odell Johnson, Ozell, and Terrence Johnson (Johnsons) filed a complaint on behalf of their mother, Deborah Johnson, alleging that she died as a result of the medical negligence of Drs.Jerry Floyd, Tewfix Rizk, and Mid-South Wellness Center, Inc. (Center).The Johnsons alleged that the defendants negligently treated their mother for her rheumatoid arthritis, resulting in her death. On April 27, 2010, the Johnsons entered an order of voluntary dismissal. On April 11, 2011, attempting to renew their lawsuit, the Johnsons provided the defendants written notice of their potential claim as required by Tennessee law. On August 24, 2011, (which is within one year and 120 days from the order of voluntary dismissal concluding the first case), the Johnsons re-filed their complaint. The second complaint specifically alleged that the decedent suffered from rheumatoid arthritis, for which she sought medical treatment from Dr. Floyd. During these visits, Dr. Floyd prescribed various medications including Methotrexate beginning in September 2000. However, Dr. Floyd ceased prescribing Methotrexate in March 2002. Dr. Floyd referred the decedent to Dr. Rizk for specialist treatment of her rheumatoid arthritis. Dr. Rizk again prescribed Methotrexate, first at 2.5 milligrams per week, gradually increasing the dosage to 15 milligrams per week. During this time the decedent suffered serious pulmonary difficulties. In February 2004, the decedent was diagnosed with interstitial lung disease. Her physicians determined that Methotrexate toxicity was the cause of the disease. Ms. Johnson died as a result of the lung disease on May 4, 2004. The complaint averred that her death was legally and proximately caused by Methotrexate toxicity, as a result of the negligence of the defendants. The defendants filed separate motions to dismiss. The trial court held that the extension granted by complying with the notice requirement in the law did not extend the one-year statute of limitations. An order dismissing the case was entered. The Johnsons appealed.

COURT'S OPINION: "Vile Court of Appeals of Tennessee affirmed the judgment of the trial court and remanded the case back to it for dismissal. The court determined that the dispositive issue in the case was whether the Saving Statue in Tennessee law was extended by 120 days when the plaintiff sends written notice of a potential claim in compliance the Tennessee law. The court held, inter alia, that when a written notice, properly written, is sent within one year of the discovery of the injury, the applicable statute of limitations or repose is extended for a period of 120 days. The court held that the law in Tennessee was that the Saving Statute did not operate to extend the statute of limitations. Thus, the court affirmed the order of dismissal of the case by the trial court. Johnson it Floyd, W2012-00207-COA-R3-CV (6/29/2012)-TN

Meet the Editor & Publisher: A. David Tammelleo. JD. is a nationally recognized authority on health care law Practieing law for over 40 years, he concentrates in health care law with the Rhode Island rm of A. David Tammelleo & Associates. He has presented semmars on medical, nursing and hodpital law throughout the Enited States. In addition to his writings as Editor of Medical Law's. Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A proli e writer, his thousands of articles, as sell as his achneyements as an atiomey and leeturer, have won hun recognttion in Martindale-Hubbell's Bar Register of Preeminent Lawyers Marqurs Who's Who in America law. and Who's Who in the America and Who's Who in the World.