Justia Alaska Supreme Court Opinion Summaries
Articles Posted in Professional Malpractice & Ethics
Mat-Su Valley Medical Center, LLC v. Bolinder
Alaska’s medical peer review privilege statute protected discovery of data, information, proceedings, and records of medical peer review organizations, but it did not protect a witness’s personal knowledge and observations or materials originating outside the medical peer review process. A hospital invoked the privilege in two separate actions, one involving a wrongful death suit against a physician at the hospital and the other involving both a medical malpractice claim against the same physician and a negligent credentialing claim against the hospital. In each case the superior court compelled the hospital to disclose materials related to complaints submitted about the physician and to the hospital’s decision to grant the physician medical staff membership. The hospital and the doctor sought the Alaska Supreme Court's review of the discovery orders. Because the Supreme Court concluded these discovery orders compelled the hospital to disclose information protected by the peer review privilege, it reversed the discovery orders in part. Furthermore, the Court held that the false information exception to the privilege provided in AS 18.23.030(b) applied to actions for which the submission of false information was an element of the claim and thus did not apply here. View "Mat-Su Valley Medical Center, LLC v. Bolinder" on Justia Law
Odom v. Alaska Division of Corporations, Business & Professional Licensing
The Alaska state professional licensing division brought an accusation of professional misconduct against a doctor, alleging that he acted incompetently when he prescribed phentermine and thyroid hormone for one of his patients. The division sought disciplinary sanctions against the doctor. After a hearing, an administrative law judge issued a proposed decision concluding that the division had failed to show that the doctor’s conduct fell below the standard of care in his field of practice and that no disciplinary sanctions were warranted. But the Medical Board instead adopted as its decision the proposal for action submitted by the division and revoked the doctor’s medical license. On appeal to the superior court, the case was remanded to the Board for consideration of the doctor’s own late-filed proposal for action. The Board reaffirmed its decision to revoke the doctor’s medical license, and the superior court affirmed that decision. The doctor appealed to the Alaska Supreme Court. Because the Medical Board’s decision to revoke the doctor’s medical license was not supported by substantial evidence, the Supreme Court reversed the superior court’s affirmance of that decision. View "Odom v. Alaska Division of Corporations, Business & Professional Licensing" on Justia Law
Odom v. Alaska Div. of Corporations, Bus. & Prof. Licensing
The Alaska professional licensing division brought an accusation of professional misconduct against doctor David Odom, M.D., alleging that he acted incompetently when he prescribed phentermine and thyroid hormone for one of his patients. The division sought disciplinary sanctions against the doctor. Following a hearing, an administrative law judge issued a proposed decision concluding that the division had failed to show that the doctor’s conduct fell below the standard of care in his field of practice and that no disciplinary sanctions were warranted. But the Medical Board instead adopted as its decision the proposal for action submitted by the division and revoked the doctor’s medical license. On appeal to the superior court, the case was remanded to the Board for consideration of the doctor’s own late-filed proposal for action. The Board reaffirmed its decision to revoke the doctor’s medical license, and the superior court affirmed that decision. The doctor appealed to the Alaska Supreme Court. Because the Medical Board’s decision to revoke the doctor’s medical license was not supported by substantial evidence, the Court reversed the superior court’s affirmance of that decision. View "Odom v. Alaska Div. of Corporations, Bus. & Prof. Licensing" on Justia Law
Brandner v. Providence Health & Services
Providence Alaska Medical Center terminated Dr. Michael Brandner’s hospital privileges without an opportunity to be heard after determining he had violated hospital policy by failing to report an Alaska State Medical Board order requiring him to undergo an evaluation of his fitness to practice medicine. Brandner unsuccessfully challenged this action through the hospital's hearing and appeal procedures. Brandner thereafter took his cause to court, seeking reinstatement and damages for the alleged due process violations both in the procedures used and in the substantive standard applied in his termination. The superior court found no such violations and that he was not entitled to reinstatement. Brandner appealed. The Alaska Supreme Court affirmed in part and reversed in part, finding that Brandner was not entitled to reinstatement or post-termination-hearing damages. However, the doctor's due process rights were violated when he was not given a hearing following termination of his hospital privileges. The matter was remanded for further proceedings. View "Brandner v. Providence Health & Services" on Justia Law
In Re District Court Judge
Following a disciplinary sanction, a judge was not recommended for retention by the Alaska Judicial Council. Although the judge chose not to campaign, an independent group supported his retention and campaigned on his behalf. After the election the Alaska Commission on Judicial Conduct filed a disciplinary complaint against the judge and later imposed an informal private admonishment on the judge because he did not publicly address allegedly misleading statements made by the independent group. Because the statements clearly originated with the independent group rather than the judge, and the judge had no knowledge of one statement, the judge had no duty to publicly address any of the statements. Accordingly, we reverse the Commission’s admonishment and dismissed the Commission’s complaint against the judge. View "In Re District Court Judge" on Justia Law
Jones v. Westbrook
A client personally financed the sale of his business corporation. His attorney drafted documents that secured the buyer’s debt with corporate stock and an interest in the buyer’s home. Over seven years later the government imposed tax liens on the corporation’s assets; according to the client, it was only then he learned for the first time that his attorney had not provided for a recorded security interest in the physical assets. The client sued the attorney for malpractice and violation of the Alaska Unfair Trade Practice and Consumer Protection Act (UTPA). The superior court held that the statute of limitations barred the client’s claims and granted summary judgment to the attorney. But after review, the Alaska Supreme Court concluded that it was not until the tax liens were filed that the client suffered the actual damage necessary for his cause of action to be complete. Therefore, the Court reversed the superior court's judgment and remanded the case for further proceedings. View "Jones v. Westbrook" on Justia Law
Foondle v. O’Brien
Appellant William Foondle appeals the superior court’s dismissal of his claims for legal malpractice against the public defenders who represented him in a criminal case. A grand jury indicted William Foondle for felony driving under the influence (DUI) in 2007. The DUI charge was a felony because Foondle had been convicted of DUI twice in the preceding ten years: once earlier in 2007 and once in North Dakota in 1999. Assistant public defenders Angela O’Brien and Daniel Lord were assigned to defend Foondle. In dismissing Foondle’s malpractice claims, the superior court relied on the public policy principle that precluded criminally convicted plaintiffs from civil recovery based on the alleged negligence of their former defense counsel. Upon review, the Supreme Court held that the superior court’s legal analysis was correct, and affirmed the judgment on that basis. Furthermore, the Court rejected, as unsupported, Foondle’s argument that the dismissal violated his rights to due process and access to the courts. View "Foondle v. O'Brien" on Justia Law
Posted in:
Criminal Law, Professional Malpractice & Ethics
Brandner v. Bateman
Dr. Michael Brandner’s hospital privileges at Providence Alaska Medical Center were revoked after he violated hospital policy by failing to disclose an order from the Alaska State Medical Board that he undergo an evaluation of his fitness to practice medicine. Brandner appealed to the hospital’s Fair Hearing Panel and Appellate Review Committee, but the termination was upheld. Brandner filed suit against the hospital and several doctors involved in the termination proceedings, alleging breach of contract and denial of due process. The superior court granted summary judgment in favor of the individual doctors because they were immune from suit. Finding that the executive committee and hearing panel reasonably interpreted the policy, the Supreme Court found Brandner did not raise any material evidence tending to show that the executive committee and hearing panel were motivated by malice. As such, the Court affirmed the superior court's order dismissing Brandner's claims against the individual doctors. View "Brandner v. Bateman" on Justia Law
Posted in:
Health Law, Professional Malpractice & Ethics
Zamarello v. Reges
A client sued his lawyer for breach of contract, breach of fiduciary duty, misrepresentation, and professional negligence in a fee agreement dispute. After a jury found in favor of the lawyer and judgment was entered, the client appealed, arguing that the superior court erred by issuing certain jury instructions regarding contract interpretation and by denying the client's motion for a new trial or judgment notwithstanding the verdict. Upon review, the Supreme Court concluded that any error in the superior court's jury instructions was not prejudicial, and affirmed the superior court's decision to deny the client's post-trial motions because there was sufficient evidence for the jury to find for the lawyer on each of the claims.
View "Zamarello v. Reges" on Justia Law
Gefre v. Davis Wright Tremaine, LLP
Shareholders of a closely held corporation brought a derivative suit against a shareholder-director and the corporation's former attorneys for fiduciary fraud, fraudulent conveyance, legal malpractice, and civil conspiracy. After an evidentiary hearing, the superior court ruled all the claims were time-barred. Upon review of the matter, the Supreme Court affirmed the superior court's dismissal of most claims, but reversed its dismissal of two and remanded those claims for further proceedings.
View "Gefre v. Davis Wright Tremaine, LLP" on Justia Law