545 P.3d 226
Utah2024Background
- Lillian Birt was hospitalized and placed on life support following post-surgical complications; her children decided to withdraw care after conversations with her treating doctors, believing her condition was terminal.
- In reality, Ms. Birt was not terminal and had a high likelihood of recovery had treatment continued.
- After her death, Jenafer Meeks, Birt’s daughter, sued the treating physicians for medical malpractice, advancing both a wrongful death and a survival claim on behalf of Ms. Birt’s estate and heirs.
- The jury found for Meeks, awarding substantial damages on both claims, but the doctors challenged the jury instructions on malpractice elements and the sufficiency of evidence on the survival claim.
- On appeal, the Supreme Court of Utah considered whether the jury was properly instructed regarding the burden to prove the standard of care and whether there was evidence supporting damages for pain and suffering during Ms. Birt's final hours.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury instruction on the standard of care | The instructions implicitly required proof of the standard of care and breach. | Jury was not explicitly told plaintiff bore burden to prove standard of care. | Instructions were adequate; no new trial needed. |
| Sufficiency of evidence for pain/suffering in survival action | Evidence of distress during weaning trials allowed inference of suffering after care withdrawn. | No evidence (expert or otherwise) showed pain/suffering after withdrawal; patient was sedated. | No basis for damages; verdict on survival claim reversed. |
Key Cases Cited
- Jensen v. IHC Hosps., Inc., 82 P.3d 1076 (Utah 2003) (sets forth four elements of medical malpractice under Utah law)
- Meads v. Dibblee, 350 P.2d 853 (Utah 1960) (distinguishes between survival and wrongful death actions in Utah)
- Est. of Faucheaux v. City of Provo, 449 P.3d 112 (Utah 2019) (describes damages available in wrongful death actions)
- UMIA Ins., Inc. v. Saltz, 515 P.3d 406 (Utah 2022) (standard for overturning denial of judgment as a matter of law)