Chief Judge Amanda Mercier. (Photo: John Disney/ALM) 'I Don't See How [Your Evidence] Proves That': Judges Press Parties on Timeline and Drug Use in Negligent-Hiring Appeal
"Changing this law is going to change not just staffing companies, but how physicians are able to practice if they have issues in their personal life, how pilots practice despite having issues in their personal lives," said defendant-appellee counsel Sarah Kazemian of Hall Booth Smith.
February 20, 2024 at 06:04 PM
5 minute read
Civil Appeals
What You Need to Know
- The plaintiff-appellants, the family of a patient who died under a nurse's care, argued that the nurse had a history of substance abuse and should never have been hired.
- However, the plaintiff-appellants couldn't show direct proof that the nurse was using drugs at the time of the death and the defense couldn't show the nurse didn't cause the death.
- As a result, the judges grilled the parties on the facts and asked them to submit supplemental briefs.
Accounts of the events that led to a patient death in a medical-malpractice appeal clashed at oral argument on Feb. 14. The panel, comprised of Chief Judge Amanda Mercier, Judge Brian Rickman and Presiding Judge Christopher McFadden was tasked with sorting through the competing narratives. At the end of the hearing, McFadden gave both sides a week to brief the issue.
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