Idaho Supreme Court Upholds Damages Against Osteopath, Saint Al's in Missed Diagnosis of Child 

click to enlarge BRIAN TURNER, CC BY 2.0
The Idaho Supreme Court has upheld a nearly $850,000 judgement against a Boise-based osteopathic physician and Saint Alphonsus Regional Medical Center, affirming a jury verdict that found the doctor had "negligently and recklessly failed to diagnose" a child with a joint displacement condition known as developmental dysplasia of the hip.

The high court denied a request from the hospital and physician for a new trial—calling the appeal "frivolous"—and awarded the family of the child attorney fees.

According to court records, the female child was born five weeks short of full term in September 2008 to Galyena and Randy Hoffer. Between November 2008 and October 2009, the child was seen by Dr. Scott Shappard of Genesis Medical Center, a primary care clinic on Overland Road in Boise. The parents said they "repeatedly expressed concern, both verbally and in writing" that their child's legs were not the same length. During the jury trial, another physician testified that "Dr. Shappard failed to comply with the community standard of health care practice because of his disregard for the presence of an obvious asymmetrical skin fold, a difference in leg length and repeated expressions of parental concern."

An Ada County jury found that "Dr. Shappard's conduct was reckless," awarding the Hoffers economic damages. On Wednesday morning, the Idaho Supreme Court upheld a judgment of $847,974.46 against Shappard, Genesis Medical Center and Saint Alphonsus, where Shappard is a family medicine staff osteopath.

In the Sept. 28 ruling, the Idaho Supreme Court also announced what it said would be a "significant new rule of law" that will become effective in March 2017. The rule will grant Idaho courts "broad authority to award attorney fees to prevailing parities in civil actions when justice so requires."
Pin It
Favorite

Comments


Comments are closed.


Submit an Event

© 2018 Boise Weekly

Website powered by Foundation