Originating site: Med mal suit vs. NC doctor survives dismissal.

Byline: BridgeTower Media Newswires

By Jason Boleman

A doctor who was physically present in North Carolina but examined a patient in Virginia through a telemedicine program had his motion to dismiss for lack of jurisdiction and for failure to state a claim rejected by a federal court.

The Western District of Virginia has personal jurisdiction because the doctor's alleged tortious actions are considered to have happened in Virginia and the patient sufficiently alleged a plausible medical malpractice claim against the doctor.

The court further denied a motion to transfer venue to the Middle District of North Carolina, where the defendant doctor and his employer are located, citing convenience to witnesses and the location where the alleged injury occurred.

Chief U.S. District Judge Michael F. Urbanski authored the court's opinion in Corradi v. Kolls, et al. (VLW 022-3-388).

Background

Michael Corradi arrived at the SOVAH Health Virginia Hospital in Martinsville in October 2019 exhibiting symptoms of a stroke, including slurred speech and sudden numbness in his arm, leg and mouth. He was admitted and stroke protocol was initiated. A CT scan and a Telestroke exam were ordered.

To administer the Telestroke exam, the attending physician contacted Dr. Bradley Kolls, a physician who was at Duke University Hospital in North Carolina at the time. Kolls is a North Carolina citizen but is licensed to practice medicine in Virginia. At the time of the events in this case, Kolls was "an employee or agent" of Duke Health, a non-profit corporation principally located in Durham, North Carolina.

Per the opinion, Kolls was contacted because of his involvement in the Duke Telestroke Network Telemedicine Consulting Program, a program that allows smaller regional hospitals to obtain opinions from Duke University Hospital's stroke specialists.

From North Carolina, Kolls examined and treated Corradi by use of videoconference and a mobile robot and drafted a consultation note following the exam. The attending physicians at the Martinsville hospital monitored and cared for Corradi by implementing Kolls' recommendations.

Following the examination, Corradi suffered a stroke. He alleged the stroke "would have been prevented by proper treatment" and brought a diversity medical malpractice case against Kolls and his employers.

In the claim, Corradi alleged Kolls "breached his duty of care while examining, assessing, and recommending treatment for Corradi specifically by...