Lewis v. Shackelford, et al. Melissa Richardson and Elizabeth Bass wrote an amicus curiae brief on behalf of Kentucky Defense Counsel in support of Defendants, King’s Daughters Medical Center and Dr. Paul Lewis, which assisted in securing a reversal in favor of Defendants. In 2010, Shackelford had a cerebral angiogram performed by Dr. Lewis at KDMC. Immediately after the angiogram, Shackelford exhibited no signs or symptoms that would suggest there were any complications with the angiogram. Later in the recovery room, Mr. Shackelford complained of a headache, which eventually resolved. He was released home. Shackelford returned to the emergency room the next day after reportedly becoming disoriented at his home. An MRI indicated Shackelford had recently suffered a stroke. Shackelford filed suit in Boyd Circuit Court alleging medical malpractice due to Dr. Lewis’s alleged failure to examine and diagnose the stroke after the angiogram. Shackelford did not produce any expert opinions stating there was anything Dr. Lewis could have done to prevent the stroke or that Dr. Lewis should have anticipated that Shackelford would suffer a stroke based on his symptoms immediately following the angiogram. KDMC and Dr. Lewis filed motions for summary judgment, which were granted by the Circuit Court. The Kentucky Court of Appeals reversed, and relying on res ipsa loquator, concluded that causation did not require expert medical testimony. The Supreme Court, on discretionary review, reversed the Court of Appeals’ decision. Instead, the Supreme Court determined expert proof was needed to pursue the claim. Accordingly, Dr. Lewis and KDMC were entitled to summary judgment as a matter of law.
