The Kansas Supreme Court has ruled that a former patient of Topeka-based Stormont Vail Health can continue her suit against the hospital and a physician who removed the incorrect organ, The Topeka Capital-Journal reported March 13.
According to the report, the patient sued after she had a surgery to remove her adrenal gland and Nason Lui, MD, removed a part of her pancreas. Courts have been divided about whether a medical expert was required to decide if a physician violated a standard of care in this scenario, as Kansas law typically requires plaintiffs to order expert testimony in malpractice cases unless there is a common sense exception.
A county district court ruled against the patient because she lacked a medical expert, but the court of appeals reversed the decision in July.
The physician and hospital appealed it to the state Supreme Court, which ruled in a tie, allowing the lower court ruling to stand and the patient to sue.
Becker's reached out to Stormont Vail Health for comment and will update this story if more information becomes available.