Christina Swofford v. Option Care Enterprises, Inc.
CourtCourt of Appeals of Kentucky
Date FiledOctober 30, 2026
Docket2025-CA-1080
JudgeTaylor
StatusUnpublished
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Full Opinion
RENDERED: OCTOBER 30, 2026; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2025-CA-1080-MR
CHRISTINA SWOFFORD APPELLANT
APPEAL FROM KENTON CIRCUIT COURT
v. HONORABLE PATRICIA M. SUMME, JUDGE
ACTION NO. 22-CI-00916
OPTION CARE ENTERPRISES, INC. APPELLEE
OPINION
AFFIRMING
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BEFORE: CETRULO, MCNEILL, AND TAYLOR, JUDGES.
TAYLOR, JUDGE: Christina Swofford brings this appeal from January 3, 2025,
and January 31, 2025, orders of the Kenton Circuit Court dismissing her medical
malpractice claim against Option Care Enterprises Inc. (Option Care). We affirm.
Background
Christina Swofford was hospitalized at Saint Elizabeth Medical
Center (St. Elizabeth), and upon discharge, she was given an order for a one-time
dose of an intravenous antibiotic (Dalbavancin) as an outpatient. On August 6,
2021, Swofford received the intravenous treatment at an outpatient facility (Option
Care). At Option Care, it appears a medical provider placed the intravenous line in
Swofford’s right hand, and Swofford received the intravenous antibiotic.
Approximately ten minutes after the intravenous treatment, Swofford claims she
started experiencing severe pain and color changes in the right hand. Thereupon,
Swofford presented to the emergency room at St. Elizabeth. According to
Swofford, it was discovered the intravenous treatment was mistakenly placed in an
artery instead of a vein by Option Care, thereby causing an arterial occlusion. As a
result, Swofford maintained she endured multiple surgeries and the eventual
amputation of her right ring finger and fingertips.
Swofford filed a complaint against, inter alios, Option Care and Jane
Doe on June 22, 2022. Therein, Swofford alleged Jane Doe was an employee of
Option Care and negligently placed the intravenous line into her artery thereby
causing an arterial occlusion. Swofford claimed she underwent multiple surgeries
and the eventual amputation of her right ring finger and fingertips. Swofford
sought compensatory damages, including pain and suffering. Both parties engaged
in discovery.
On October 16, 2024, Option Care filed a motion for summary
judgment. Therein, Option Care alleged Swofford failed to identify an expert
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witness to testify regarding causation. Option Care pointed out that Swofford only
identified a nurse (Gayle Coulter) as an expert witness. Option Care argued that
Coulter was not qualified to testify as to medical causation and that Swofford
failed to set forth any expert evidence showing that the alleged misplacement of
the intravenous line into an artery caused Swofford’s injuries. Consequently,
Option Care believed it was entitled to judgment as a matter of law. Swofford
filed a response and maintained Coulter was qualified as an expert witness even
though she was a nurse and cited her affidavit.
By order entered January 3, 2025, the circuit court denied Option
Care’s motion for summary judgment. The circuit court concluded:
Here the affidavit of Coulter does provide her
background, education, experience, and credentials; her
knowledge of the standard of care relating to the practice
of vascular access by nurses, phlebotomists, and other
medical staff as applicable to the circumstances of this
case; and her review of plaintiff’s records and conclusion
as to breach of standard of care. The action complained
of here was performed by such medical staff, not a
medical doctor, and therefore the testimony of a well-
qualified nurse is sufficient to provide evidence of the
standard of care and breach thereof in this case.
January 3, 2025, order at 2.
Option Care then filed a motion to reconsider. In the motion, Option
Care pointed out that Coulter may be qualified to render an expert opinion on the
standard of care, but argued she was not qualified to render an expert opinion on
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medical causation. Option Care argued that Coulter possessed no expertise to
opine that the misplacement of the intravenous line into the artery caused Swofford
to suffer her alleged injuries. Option Care maintained Swofford failed to offer
adequate expert testimony upon the issue of causation, thus entitling it to summary
judgment.
On January 31, 2025, the circuit court granted the motion to
reconsider and entered summary judgment dismissing Swofford’s claim of medical
malpractice against Option Care. In that order, the circuit court recognized that
Coulter was not qualified to render an expert opinion upon the issue of causation:
While in some cases it may be that a nurse is sufficiently
qualified to testify as to causation, the court now finds
that whether the breach of the standard of care in the
insertion of the i.v. was in fact probable – and not merely
possible – proximate cause of the blood clot and resulting
treatments including the amputation of the distal
phalanxes of the third and fourth fingers of her right
hand, given the complexity of her medical history and all
accompanying circumstances in this case, requires a
medical doctor to provide the full explanation necessary
to support a finding of legal causation.
January 31, 2025, order at 2. As Swofford failed to offer a physician’s expert
opinion upon the issue of causation, the circuit court rendered summary judgment
in favor of Option Care. This appeal follows.
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Standard of Review
In Kentucky, summary judgment is proper where there exists no
genuine issue of material fact and movant is entitled to judgment as a matter of
law. Kentucky Rules of Civil Procedure (CR) 56.03; Steelvest Inc. v. Scansteel
Serv. Ctr., Inc., 807 S.W.2d 476, 480 (Ky. 1991). All facts and inferences
therefrom are viewed in a light most favorable to the nonmoving party. Id. And,
our review is without deference to any conclusions of law by the trial court.
Hammons v. Hammons, 327 S.W.3d 444, 448 (Ky. 2010). Accordingly, our
review proceeds de novo. Ashland Hosp. Corp. v. Darwin Select Ins. Co., 664
S.W.3d 509, 516 (Ky. 2022).
Analysis
Swofford contends that the circuit court erred by rendering summary
judgment dismissing her medical malpractice claim against Option Care. Swofford
argues a nurse can testify as to causation in a medical malpractice action if the
nurse possesses the requisite knowledge and experience to do so. Swofford asserts
Coulter was qualified to render an opinion on causation based upon her affidavit
filed of record. Swofford maintains a material issue of fact was presented as to
causation based upon Coulter’s expert opinion, and summary judgment was
improper.
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In a medical malpractice action, a plaintiff must prove the standard of
care of the medical professional, the standard of care was breached, and such
breach was the proximate cause of plaintiff’s injury. Diagnostic X-Ray Physicians,
PSC, v. Lloyd, ___S.W.3d____, Appeal Nos. 2024-SC-0216-DG & 2024-SC-0224-
DG, 2026 WL 1839842, *8 (Ky. Jun. 25, 2026); Saint Elizabeth Med. Ctr., Inc. v.
Arnsperger, 686 S.W.3d 132, 138 (Ky. 2024) (quoting Reams v. Stutler, 642
S.W.2d 586, 588 (Ky. 1982)). Generally, expert testimony is required to prove the
standard of care of the medical professional, a breach of the standard of care, and
such breach was the proximate cause of plaintiff’s injury. Ashland Hospital Corp.
v. Lewis, 581 S.W.3d 572, 577-78 (Ky. 2019). There are two exceptions to this
general rule – where the defendant makes admissions “that make his negligence
apparent” and where the negligence is apparent to laymen with common
knowledge. Id. at 578 (quoting Blankenship v. Collier, 302 S.W.2d 665, 670 (Ky.
2010)). Neither is applicable in this case.
In exercising its gatekeeper authority in relation to expert opinion
testimony, the circuit court is guided by Kentucky Rules of Evidence (KRE) 702,
which provides:
If scientific, technical, or other specialized knowledge
will assist the trier of fact to understand the evidence or
to determine a fact in issue, a witness qualified as an
expert by knowledge, skill, experience, training, or
education, may testify thereto in the form of an opinion
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or otherwise, if the proponent demonstrates to the court
that it is more likely than not that:
(1) The testimony is based upon sufficient facts or data;
(2) The testimony is the product of reliable principles and
methods; and
(3) The witness’ opinion reflects a reliable application of
the principles and methods to the facts of the case.
And the Kentucky Supreme Court has instructed that expert opinion is admissible
where:
(1) the witness is qualified to render an opinion on the
subject matter, (2) the subject matter satisfies the
requirements of Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786,
125 L. Ed. 2d 469 (1993), (3) the subject matter satisfies
the test of relevancy set forth in KRE 401, subject to the
balancing of probativeness against prejudice required by
KRE 403, and (4) the opinion will assist the trier of fact
per KRE 702.
Stringer v. Commonwealth, 956 S.W.2d 883, 891 (Ky. 1997). The Kentucky
Supreme Court has emphasized that the qualification of an expert witness “turns on
whether the proposed witness’s special knowledge, skill, experience, training, or
education will assist the jury.” Tapp v. Owensboro Med. Health Sys., Inc., 282
S.W.3d 336, 341 (Ky. App. 2009). In medical malpractice cases, a physician
ordinarily provides the necessary expert opinion testimony. However, Kentucky
has not adopted a bright line rule as to the qualification of a nonphysician to
express an expert opinion in a medical malpractice claim. Rather, in a medical
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malpractice claim, the qualification of a nonphysician as an expert turns upon the
factors in KRE 702 and specifically whether the nonphysician possesses
specialized training, experience, and knowledge to express an expert opinion
relevant to the malpractice action. Kentucky Guardianship Adm’rs, LLC v. Baptist
Healthcare Sys. Inc., 635 S.W.3d 14, 24-26 (Ky. 2021); Savage v. Three Rivers
Med. Ctr., 390 S.W.3d 104, 116-17 (Ky. 2012). We review the circuit court’s
decision upon the qualification of an expert witness for abuse of discretion. Tapp,
282 S.W.3d at 339.
In this case, Swofford submitted the affidavit of Coulter; therein,
Coulter stated that she was a Registered Nurse licensed to practice in Florida.
Coulter set forth that she had obtained a Certified Registered Nurse Infusion
credential and was Vascular Board Certified. Coulter averred she owned Infusion
Knowledge Inc. and provides education and consultation concerning infusion
therapy. Coulter also stated she had presented seminars concerning venipuncture
techniques for phlebotomy and peripheral intravenous access. Coulter further
stated that she had routinely performed phlebotomy on patients in hospitals and
clinics.
From the above, it is clear Coulter was highly experienced and quite
knowledgeable as to performing intravenous treatment upon patients and was
qualified to opine upon the standard of care and breach thereof concerning the
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placement of an intravenous line for antibiotic therapy. Thus, Coulter could
properly express an expert opinion upon the applicable standard of care as to
whether placement of the intravenous line into Swofford’s artery deviated from the
standard of care. However, on the issue of medical causation for Swofford’s
injuries, Coulter was not qualified to render an expert opinion.
While Coulter possessed specialized knowledge and experience as to
performing intravenous therapy, Coulter possessed no such knowledge or
experience as to diagnosing or treating injuries caused by misplacement of the
intravenous line into an artery. See Kentucky Guardianship Adm’rs, LLC, 635
S.W.3d at 24-26; Savage, 390 S.W.3d at 116-17. Based upon her affidavit, Coulter
simply was not qualified to express an expert opinion upon whether the
misplacement of the intravenous line into Swofford’s artery proximately caused
the claimed injuries, including the amputation of her finger and fingertips. See
Kentucky Guardianship Adm’rs, LLC, 635 S.W.3d at 24-26; Savage, 390 S.W.3d
at 116-17. Therefore, we conclude that the circuit court did not abuse its discretion
by concluding that Coulter was unqualified to express an expert opinion upon the
issue of medical causation.
As Swofford failed to offer any expert opinion upon the issue of
causation, we are of the opinion the circuit court properly rendered summary
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judgment dismissing Swofford’s medical malpractice claim against Option Care
and thereby affirm the same.
ALL CONCUR.
BRIEF FOR APPELLANT: BRIEF FOR APPELLEE:
Alan Statman Megan P. Keane
Cincinnati, Ohio Kylie E. Menish
Louisville, Kentucky
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