Evans v. Freedom Healthcare, LLC

Summary

The Nebraska Supreme Court reviewed a medical malpractice action arising from a polymicrobial knee infection following platelet-rich plasma injections. The court held that the plaintiff’s expert testimony was sufficient to create a genuine issue of material fact and that res ipsa loquitur could be considered at the summary judgment stage despite the pleading of specific negligence theories. The court reversed the grant of summary judgment for Freedom Healthcare and remanded for further proceedings.

Holdings

1. A plaintiff may plead both specific acts of negligence and res ipsa loquitur under Nebraska's notice-pleading system. Res ipsa loquitur is a rule of evidence and is not barred at the pleading stage merely because specific negligence allegations are also pleaded.
2. Evans's expert testimony was sufficient to create a genuine issue of material fact concerning whether Freedom Healthcare breached the applicable standard of care. The district court improperly disregarded the testimony as inconsistent and granted summary judgment.
3. The evidence was sufficient to create an inference of negligence under res ipsa loquitur and a material factual question for the fact finder. Summary judgment was therefore improper.
4. Summary judgment was improper because the record presented genuine issues of material fact concerning breach of the standard of care and the applicability of res ipsa loquitur.

Questions Presented

1. Whether the district court erred by concluding that Evans could not invoke res ipsa loquitur because he also pleaded specific negligence theories.
2. Whether Evans presented sufficient expert testimony to create a genuine issue of material fact regarding breach of the medical standard of care.
3. Whether the evidence was sufficient at the summary judgment stage to permit an inference of negligence under res ipsa loquitur.

Disposition

reversed_and_remanded