Appellate panel hears challenge to tribunal finding that excluded nurse practitioner from malpractice case

An appellate panel heard arguments over whether a medical-malpractice tribunal erred by finding the evidence against nurse practitioner Michael Collins insufficient to proceed. Adam Sutton, attorney for Jean Bennett, the personal representative of the estate of Ronald Bennett, told the court that "the offer of proof, timely filed by the plaintiff, provided ample evidence to meet the very low threshold standard that the tribunal was bound to apply."

The dispute centers on the tribunal's treatment of the plaintiff's Rule 73 offer of proof and whether that submission raised a legitimate question of liability against Collins. Sutton said the patient was seen by Collins on Aug. 4 into the early hours of Aug. 5, was discharged, and returned about 30 hours later in septic shock; he described laboratory values the plaintiff's expert cited, including a lactate that rose from about 2.2'to 2.4 on Collins's watch to 7.7 at the later admission. Sutton said the expert detailed deviations from the standard of care and causation and that the tribunal's decision excluded Collins while finding sufficient evidence as to other providers.

Why the dispute matters: Sutton told the panel the exclusion has practical consequences for the estate's ability to pursue the claim. "We now have nurse Collins out of the case," Sutton said, adding that Collins "couldn't pay the bond. He was indigent. The judge wouldn't reduce the bond. Case…