Rita M. Hymes and Donald L. Hymes, Appellants v. Leonie Deramus, M.d. and James M. Pomeroy, Appellees

Summary

The court reversed the summary judgment dismissing Donald Hymes's medical-malpractice and related claims because at least one claim may not have been subject to exhaustion, and material factual disputes existed concerning meaningful access to the grievance process and threatened retaliation. It also held that the superior court improperly excluded or refused to consider medical-expert affidavits relevant to the malpractice claims. The court affirmed the remaining rulings, including dismissal of Rita Hymes's negligent-infliction claim, denial of recusal, waiver of the Eighth Amendment claim, and dismissal of the elder-abuse claim. No separate opinions were filed.