Latest 2 Cases This Week: Cutchin v. Robertson (7th Cir.), A.S. v. LincolnHealth (Me.)

No Good Men?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a film called “Promising Young Women,” which purports to be a feminist movie about date rape. While Professor Colb describes the movie as interesting, thought-provoking, and “definitely” worth seeing, she argues that it suggests a view of men and sexual assault that is erroneous and potentially even anti-feminist.

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Last Call at the Bar: Grading the Briefs in Trump Impeachment 2.0

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, offers thoughts on the legal tactics and briefs filed by each side in former President Trump’s second impeachment trial. Mr. Falvy argues that if Trump can survive a second impeachment vote, it will show that he is still operating where he has always believed himself to be: well beyond the reach of the law.

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Cutchin v. Robertson

Court: US Court of Appeals for the Seventh Circuit

Docket: 20-1437

Opinion Date: February 3, 2021

Judge: ROVNER

Areas of Law: Health Law, Medical Malpractice, Personal Injury, Professional Malpractice & Ethics

Cutchin’s wife and daughter were killed in an automobile accident that occurred when another driver, Watson, age 72, struck their vehicle. Cutchin alleges that Watson’s driving ability was impaired by medications she had been prescribed, including an opioid. Cutchin filed a malpractice suit against Watson’s healthcare providers, charging them with negligence for an alleged failure to warn Watson that she should not be driving given the known motor and cognitive effects of those medications. After the providers and their malpractice insurer agreed to a settlement of $250,000, the maximum amount for which they can be held individually liable under the Indiana Medical Malpractice Act (MMA), Cutchin sought further relief from the Patient’s Compensation Fund, which acts as an excess insurer. The Fund argued that the MMA does not apply to Cutchin’s claim and that he is barred from seeking excess damages from the Fund. The district court agreed. The Seventh Circuit certified to the Indiana Supreme Court the questions: Whether Ithe MMA prohibits the Fund from contesting the Act’s applicability to a claim after the claimant concludes a court‐approved settlement with a qualified healthcare provider, and whether the MMA applies to claims brought against individuals (survivors) who did not receive medical care from the provider, but who are injured as a result of the provider’s negligence in providing medical treatment to someone else.

A.S. v. LincolnHealth

Court: Maine Supreme Judicial Court

Citation: 2021 ME 6

Opinion Date: January 28, 2021

Judge: Ellen A. Gorman

Areas of Law: Health Law

The Supreme Judicial Court vacated the judgment of the superior court denying A.S.'s petition for a writ of habeas corpus seeking release from his detention, holding that the superior court erred when it determined that the detention was lawful. A.S. was brought by law enforcement officers to the LincolnHealth Miles Hospital Campus and was held in the hospital's emergency department for thirty days. During that time, LincolnHealth did not seek or obtain judicial endorsement of its detention of A.S., as required by Me. Rev. Stat. 34-B, 3863. A.S. sought habeas corpus relief, arguing that LincolnHealth violated the statutory procedure for emergency involuntary hospitalization. The superior court denied the petition. The Supreme Court vacated the superior court's judgment, holding (1) A.S.'s detention was unauthorized because the hospital did not comply with section 3863; and (2) A.S.'s due process rights were violated when the superior court applied a standard of preponderance of the evidence, rather than clear and convincing evidence, to determine whether A.S. posed a likelihood of serious harm at the time of the habeas hearing.