Kansas
Stormont Vail doctor who removed wrong organ can be sued after tie in Kansas Supreme Court
A rare tie in the Kansas Supreme Court means a Stormont Vail Health patient will be allowed to continue her lawsuit against the Topeka hospital and a doctor who removed the wrong organ.
When Jeannine Williams-Davidson had a surgery to remove her adrenal gland at Stormont Vail, physician Nason Lui removed part of her pancreas instead.
The patient sued, but courts have been divided on whether you need to be a medical expert to decide that a doctor violated the standard of care by cutting out a chunk of a healthy organ while leaving untouched the one with a noncancerous tumor.
Medical expert not needed when common sense is enough
Kansas law typically requires plaintiffs to offer expert testimony in medical malpractice cases because jurors generally are not experts in medicine. But there is a common sense and knowledge exception that applies when a patient’s care was “so obviously lacking” and “the results are so bad” that it would be apparent to an average person.
Douglas County District Court previously ruled against the patient because she didn’t have a medical expert. That dismissed the claims without having a jury trial.
A divided three-judge panel of the Kansas Court of Appeals disagreed and reversed the decision in July.
“When the surgeon misidentifies and removes all or part of a healthy organ, leaving the organ the surgeon intended to operate on untouched, the common-knowledge exception alleviates the need for expert testimony to establish the standard of care or a breach of that standard,” wrote judges Amy Fellows Cline and Jacy J. Hurst.
Judge David E. Bruns dissented, arguing it shouldn’t apply because it was inadvertent.
“The average lay person would not have the knowledge necessary to determine whether this mistake rose to the level of a breach of the appropriate standard of care by a surgeon,” Bruns wrote. “In other words, I do not believe it is patently obvious that the bad result occurred due to a breach of reasonable care.”
The doctor and hospital then appealed to the Supreme Court.
More: Kansas court rules Stormont Vail doctor who removed the wrong organ can still be sued
Kansas Supreme Court tied
Ties are not common at the Kansas Supreme Court, which has seven justices. But it has happened in the past, at least as recently as two years ago, when a justice recused himself from a case that he had been an attorney on before joining the bench.
When a tie happens at an appellate court, the lower court ruling stands.
In this ruling, Justice Eric Rosen recused himself and the other six were equally divided. Justices Dan Biles, K.J. Wall and Melissa Taylor Standridge would have affirmed the Kansas Court of Appeals reversal of the Douglas County District Court. Chief Justice Marla Luckert and justices Caleb Stegall and Evelyn Wilson would have reversed the appeals court and sided with the district court.
Friday’s ruling didn’t include any legal reasoning from the two camps.
Attorneys argue over common knowledge
Prior to Friday’s ruling, the high court held oral arguments on Jan. 31.
Lui and Stormont Vail were represented by Cynthia J. Sheppeard, of Topeka law firm Goodell, Stratton, Edmonds & Palmer.
Sheppeard said that Lui and a second doctor who assisted on the laparoscopic surgery him would “testify that what happened sometimes happens, even with the best of care.” She said he admits he made a mistake, but a mistake doesn’t necessarily mean it was negligence.
“They were so close together, and the adrenal and the pancreas looked so much alike, and there was blood in the field, he’d been removing the adhesions,” she said. “Between the two of them, they thought they were removing the adrenal.”
Williams-Davidson and her husband, Jeffrey Davidson, were represented by Jason Belveal, of Belveal Law Office in Holton.
“I do believe that if you say to a person, I went in for surgery and my doctor left behind the diseased organ, cut out a healthy organ — or a big part of a healthy organ — any person off the street is going to go, ‘Yikes, something went wrong on that,’” Belveal said.
Belveal said a jury should get to decide, after hearing the facts of the case, whether that’s medical malpractice. He described opposition to common knowledge applying in this case as “elitist protection.”
“Is it justice for all, or is it justice for those folks who can afford an expert to come in and say, ‘No, this this is wrong,’” he said, adding that “at some point, we should trust the jurors to be able to make certain decisions.”
Jason Alatidd is a Statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.
KANSAS CITY, Mo. (KCTV) – One creator has written an anthem for Kansas City to reflect the metro’s historic summer for years to come.
An Omaha-based Afrobeat artist, Kusher Snazzy, released a World Cup song, ‘KC to the World,’ celebrating the tournament’s culture and diversity.
The song features soccer players and dancers representing multiple nations that played in the World Cup, including Germany, Brazil, Mexico, the United States and Italy. It was filmed locally in multiple locations, including a metro studio and rooftop.
READ MORE: Kansas City eyes 2031 Women’s World Cup bid after hosting FIFA tournament
Kusher Snazzy’s goal with the song was to depict the once-in-a-lifetime summer. His passion for soccer and the Midwest inspired the lyrics.
“We don’t know when FIFA is going to choose KC again,” said Kusher.
Joseph Termini is the mastermind behind the project. He took a vision and made it come to life. As a Kansas City native, he knew the importance of showcasing his city positively through a music video.
“Kansas City has been under the radar, and I feel like this is the first time we’re being put on a pedestal, and that pedestal is allowing other people to realize that this is more than just a small-town city,” said Termini.
Listeners can find the hit song on YouTube.
ALSO READ: Heart structure may stay in Kansas City after Fan Festival ends
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KANSAS CITY, Mo. — The pilot of a crop duster aircraft appears to have survived without serious injury after a crash on Monday in northeast Kansas.
The Jackson County, Kansas, Sheriff’s Office was called around 12:30 p.m. Monday on a crash involving a crop duster aircraft south of Kansas Highway 9 near Whiting, Kansas, or about 80 miles northwest of Kansas City.
Jackson County Sheriff Tim Morse said that after the crash, the pilot was able to exit the aircraft before it caught fire. The pilot walked to a nearby farmhouse for help.
Several area fire departments responded to the location to extinguish the fire.
The cause of the crash is under investigation.
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If you have any information about a crime, you may contact your local police department directly. But if you want or need to remain anonymous, you should contact the Greater Kansas City Crime Stoppers Tips Hotline by calling 816-474-TIPS (8477), submitting the tip online or through the free mobile app at P3Tips.com. Depending on your tip, Crime Stoppers could offer you a cash reward.
Annual homicide details and data for the Kansas City area are available through the KSHB 41 News Homicide Tracker, which was launched in 2015. Read the KSHB 41 News Mug Shot Policy.
TOPEKA, Kan. — A proposed legal settlement with the U.S. government would require the Keystone Pipeline system’s operator to pay a $26.9 million civil penalty over a major oil spill in Kansas in December 2022 and spend about $40 million more to prevent future accidents.
The agreement would resolve allegations from the U.S. Environmental Protection Agency and Kansas that South Bow, based in Canada, violated U.S. and state clean water laws. The rupture dumped nearly 13,000 barrels of heavy crude oil into a creek running through a rural pasture in Washington County, Kansas, about 150 miles (241 kilometers) northwest of Kansas City.
The accident was the largest onshore crude pipeline spill in the U.S. in nine years and surpassed all 22 previous ones on the same pipeline system combined, according to a 2021 report from the U.S. Government Accountability Office. The total amount of oil spilled would have nearly filled an Olympic-sized swimming pool.
South Bow also would pay Kansas more than $3 million for environmental restoration projects under a proposed decree filed Friday in U.S. District Court in Kansas. A judge would have to approve the proposal after a 30-day public comment period.
South Bow also would pay Kansas more than $3 million for environmental restoration projects under a proposed decree filed Friday in U.S. District Court in Kansas. A judge would have to approve the proposed decree after a 30-day public comment period.
“The oil spill blanketed land and water, rendering the waterway lifeless and useless and requiring extensive cleanup and remediation,” Jeffrey Hall, the EPA’s assistant administrator for its enforcement office, said in a statement. “The substantial penalty reflects the seriousness of the environmental harm.”
South Bow officials did not respond immediately Sunday to a phone message and email seeking comment, but the company told The Canadian Press that it “proactively” began cleaning up the area before receiving directives from U.S. officials. The cleanup was completed early in 2024.
The company that built the pipeline, TC Energy, spun off South Bow as a separate firm in 2024, after the Kansas cleanup was done.
No pipeline workers or area residents were injured, and officials said public water supplies weren’t affected by the spill. However, a complaint filed Friday by the U.S. government along with the proposed settlement said more than 2,700 animals were harmed or killed. The area is home to an endangered species, the long-eared bat.
In a May 2023 report for the U.S. government, an engineering consulting firm said that a bend in the Keystone system where the spill occurred had been “overstressed” since its installation in December 2010 — likely because construction activity itself altered the land around the pipe. The complaint filed Friday in court said soil under the pipe had been “improperly compacted” and that while the company re-excavated the site in 2013, it did not replace that section of pipe.
The 2,689-mile (4,327-kilometer) Keystone system carries thick, Canadian tar sands oil to refineries in Illinois, Oklahoma and Texas.
In April, President Donald Trump gave the go-ahead for South Bow and another company to build a second pipeline from Canada to Wyoming, a smaller version of a massive $8 billion pipeline project known as Keystone XL blocked by former President Joe Biden’s administration in 2021 over environmental concerns.
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