Missouri Court of Appeals, Western District, approved a Jackson County Circuit Court judge’s decision that Intermed Insurance Co., the malpractice insurer for Metro Emergency Physicians LLC, was responsible for covering the clinic and its physician, Gary Gaddis, in a malpractice claim.
According to court document, Gaddis, a member of Metro Emergency Physicians, misdiagnosed Landry who visited Saint Luke’s Hospital on April 15, 2003, with chest pains, which led to permanent heart damage.
The insurer claimed :
- Metro Emergency Physicians had not properly submitted information about a malpractice claim,
- Clinical director for Metro Emergency Physicians did not report the incident,
- it needed additional information to trigger a claim, which Metro Emergency Physicians did not do before the end of the policy.
On the basis of above claim Intermed and Landry asked the Jackson County court for summary judgement.
A Jackson County judge awarded summary judgement to Landry, effectively declaring that the plaintiff should receive the $2 million settlement.
The appeals court affirmed that decision, saying that Intermed was put on notice that a liability claim might be made with respect to Landry’s incident.