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Dennis Pastor v. Providence Healthcare of Richwood, d/b/a Richwood Nursing and Rehab, et al.
Date: 06-03-2022
Case Number: 16-CI-00412
Judge: Karen A. Conrad
Court: 12th Judicial Circuit Court, Oldham County, Kentucky
Plaintiff's Attorney:
Defendant's Attorney:
Description:
La Grange, Kentucky personal injury lawyer represented Plaintiff, who sued Defendants on medical malpractice theories.
On September 11, 2015, Lucy Pastor was transported to Providence Healthcare for rehabilitation after a stroke. At the time of admission, Pastor suffered from renal insufficiency. Due to this ailment, she was under the care of several nurses and Dr. Nair.
A week later, Pastor was admitted to Baptist Hospital and eventually transferred to Norton Brownsboro Hospital with renal and respiratory failure. After a lengthy stay, she was transferred to a rehabilitation facility where she remained until she was cleared to return home some months later.
Pastor blamed Providence and Dr. Nair for her renal and respiratory failure and filed a medical negligence action against them. She claimed Dr. Nair deviated from the standard of care, thereby sending her into renal and respiratory failure. Four years later, she passed away from unrelated causes and her estate was substituted as plaintiff in the litigation.
2
During litigation, the estate filed expert disclosures identifying a nurse, Kathy D. Shireman, as the only expert witness to testify on Pastor's behalf. This prompted Appellees to file motions for summary judgment due to the failure to disclose a qualified expert to offer an opinion as to medical causation. The estate argued Nurse Shireman was qualified to explain the causation and could express her expert opinion based on Pastor's medical and hospital records, Dr. Nair's diagnosis, and the circumstances of her deteriorated health.
On October 15, 2020, the trial court held a hearing on the summary judgment motions. The key ruling from that hearing was that Pastor failed to supply evidence that Nurse Shireman was qualified to render an expert opinion, and the medical records alone were insufficient to establish causation. Therefore, it granted summary judgment in favor of Appellees. This appeal followed.
lthcare of Richwood, LLC (Ky. Ct. App. 2022)
On September 11, 2015, Lucy Pastor was transported to Providence Healthcare for rehabilitation after a stroke. At the time of admission, Pastor suffered from renal insufficiency. Due to this ailment, she was under the care of several nurses and Dr. Nair.
A week later, Pastor was admitted to Baptist Hospital and eventually transferred to Norton Brownsboro Hospital with renal and respiratory failure. After a lengthy stay, she was transferred to a rehabilitation facility where she remained until she was cleared to return home some months later.
Pastor blamed Providence and Dr. Nair for her renal and respiratory failure and filed a medical negligence action against them. She claimed Dr. Nair deviated from the standard of care, thereby sending her into renal and respiratory failure. Four years later, she passed away from unrelated causes and her estate was substituted as plaintiff in the litigation.
2
During litigation, the estate filed expert disclosures identifying a nurse, Kathy D. Shireman, as the only expert witness to testify on Pastor's behalf. This prompted Appellees to file motions for summary judgment due to the failure to disclose a qualified expert to offer an opinion as to medical causation. The estate argued Nurse Shireman was qualified to explain the causation and could express her expert opinion based on Pastor's medical and hospital records, Dr. Nair's diagnosis, and the circumstances of her deteriorated health.
On October 15, 2020, the trial court held a hearing on the summary judgment motions. The key ruling from that hearing was that Pastor failed to supply evidence that Nurse Shireman was qualified to render an expert opinion, and the medical records alone were insufficient to establish causation. Therefore, it granted summary judgment in favor of Appellees. This appeal followed.
lthcare of Richwood, LLC (Ky. Ct. App. 2022)
Outcome:
Motion for summary judgment granted and affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Dennis Pastor v. Providence Healthcare of Richwood, d/b/a...?
The outcome was: Motion for summary judgment granted and affirmed.
Which court heard Dennis Pastor v. Providence Healthcare of Richwood, d/b/a...?
This case was heard in 12th Judicial Circuit Court, Oldham County, Kentucky, KY. The presiding judge was Karen A. Conrad.
Who were the attorneys in Dennis Pastor v. Providence Healthcare of Richwood, d/b/a...?
Plaintiff's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best * Criminal Defense Lawyer Directory.
When was Dennis Pastor v. Providence Healthcare of Richwood, d/b/a... decided?
This case was decided on June 3, 2022.