ST. LOUIS — U.S. District Judge Richard Webber has denied Missouri Baptist Hospital of Sullivan (MBHS) motion for a directed verdict or judgment as a matter of law following close of evidence brought in a medical malpractice case.
The ruling issued on Feb. 16 also indicates that Webber has denied co-defendants Shamim X. Amini, M.D and BC Missouri Emergency Physicians LLPs' (BC MO) motion for directed evidence.
According to background in the ruling, a suit was filed by Ricky Bullock on behalf of a minor identified in the ruling as J.B. over the care of his left leg wound during an emergency room visit on July 31-Aug. 1, 2014.
The plaintiffs specifically claim that Amini failed to locate a piece of wood lodged in J.B.'s leg near the wound, and that as a result, he suffered a bacterial infection and necrotizing fasciitis on his lower left leg. The suit further claims that Amini performed his work as an employee of both BC MO and MBHS.
In its arguments, the hospital said its motion should be granted because plaintiffs failed to establish Amini was its employee.
Webber ruled that Bullock had established under MBHS bylaws that MBHS could take Amini off medical staff if he were to be found not competent, and that Amini was provided tools and supplies by MBHS, including nursing staff.
"...[T]his Court finds Plaintiff has established a submissible case such that a reasonable jury could find Dr. Amini was an employee of MBHS when he committed the alleged negligence," Webber wrote.
He also wrote that Bullock had established a "submissible" case such that "a reasonable jury could find Dr. Amini was an employee of MBHS when he committed the alleged negligence."
Regarding the defendants’ argument that Bullock failed to show any alleged negligence committed by Amini caused J.B.'s injury, Webber held that the defendants' negligence need not be the sole cause, but can be a cause or a contributing cause of the plaintiff's injury, the ruling states.
Webber wrote that the defendants misstated a plaintiff's emergency room physician expert, who testified that while it was the bacteria that directly caused the infection, "that bacteria was only present in the wound because it was on the wood."
"Thus, taking all reasonable inferences in the light most favorable to Plaintiff, a reasonable juror could find Dr. Amini’s negligence caused the infection which led to Plaintiff’s alleged damages," Webber wrote.