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Hansen v. Central Iowa Hospital Corp.9/1/2004
On review from the Iowa Court of Appeals.
Plaintiffs appeal district court's exclusion of expert testimony and denial of motion for new trial. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED.
In this medical negligence case, Marlys Hansen sued Central Iowa Hospital Corporation, d/b/a Iowa Methodist Medical Center (IMMC), for injuries and damages she allegedly received in a fall while a patient at the hospital. Her husband, Tom Hansen, joined in the suit, claiming loss of consortium. The district court disallowed testimony from Marlys's treating physician because the Hansens did not designate him as an expert pursuant to Iowa Code section 668.11 (2003). A jury found IMMC negligent but denied any damages because it also found that such negligence was not a proximate cause of the fall and the Hansens' damages. The district court thereafter denied the Hansens' motion for new trial. The Hansens appealed, contending the district court abused its discretion in excluding the physician's testimony and in denying their motion for new trial.
We transferred the case to the court of appeals, and that court affirmed. We granted the Hansens' application for further review and now vacate the court of appeals decision and reverse the district court judgment. We remand the case for a new trial.
I. Background Facts and Proceedings
On June 1, 1999, Marlys was hospitalized at IMMC because of back pain, a condition of long duration. Because Marlys was unstable on her feet and had a history of falls due to her back condition, IMMC placed her on "fall precautions." "Fall precautions" meant that while Marlys was in the hospital, she should not get up without assistance, her bed side rails should be up, and her call light should be within reach. However, during the night of June 5, hospital staff placed a commode next to Marlys's bed and told her to use it for her restroom needs throughout the night.
During the night, Marlys tried to go from her bed to the commode. While attempting to get to the commode, Marlys fell because the bed rolled. The wheels on the bed were not locked. When she tried to get up, she fell a second time.
On June 9 Marlys was discharged from the hospital. Once at home, she felt pain that was different from any pain she had previously experienced. The pain did not subside. She reported increased pain to her physical therapist. Her pain became so intolerable that she quit her job .
After the 1999 hospitalization, Marlys fell on other occasions. Some of those falls required her to seek medical treatment.
Dr. Kenneth Pollack, an anesthesiologist specializing in chronic pain problems, surgically implanted a morphine pump into Marlys's back. Even with the morphine pump, Marlys has continued to have pain.
On June 1, 2001, Marlys sued IMMC and Dr. Daniel McGuire, alleging medical negligence resulting in the falls from which Marlys sustained injuries. Marlys's husband, Tom, joined in the suit for loss of consortium. A scheduling order dated October 8 established December 24 as the deadline for plaintiffs to designate expert witnesses.
On December 21 the Hansens filed a designation of experts, naming Jane Fleming, R.N. as an expert who would "be called to testify regarding standard of care, breach and causation." They reserved the right to call additional witnesses. The Hansens also identified an accountant who would be called to testify regarding economic damages.
On December 26 the Hansens moved to extend the time to designate medical experts. On January 31, 2002, the Hansens dismissed Dr. McGuire from the suit without pre
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