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kline v. McGuire12/13/2000
Appeal from the Iowa District Court for Polk County, Gary G. Kimes, Judge.
On appeal following the dismissal of their case on summary judgment, plaintiffs contend their case was not barred by the statute of limitations.
AFFIRMED.
Plaintiffs appeal the decision of the district court granting summary judgment to defendants in this medical malpractice action on the ground the action was barred by the statute of limitations. Plaintiffs claim the court erred in finding they either knew or should have known of an injury to Richard Kline in June of 1995. We affirm.
The summary judgment record contains substantial evidence tending to prove the following facts. Richard Kline had back surgery on May 30, 1995, performed by Dr. Daniel McGuire. Dr. McGuire was a partner in Des Moines Orthopedic Surgeons, P.C. (DMOS). On May 31, 1995, while Richard was a patient at Iowa Methodist Medical Center (IMMC), he stopped breathing due to an accidental overdose of painkillers. He was resuscitated. Dr. McGuire told Richard's wife, Linda Kline, her husband would be "okay." Richard was discharged from the hospital on June 5, 1995.
Linda soon noticed a difference in Richard's personality. His behavior was lethargic, and his ability to concentrate was diminished. Linda asked the family's doctor about the situation, and was told Richard might be suffering from postoperative depression. Richard did not believe there was anything wrong with him.
Richard had a neurological examination in September of 1996, which reported "essentially normal" findings. In March of 1997, he underwent a neuropsychological evaluation, which disclosed a possible frontal lobe syndrome. In June of 1997, further tests indicated bilateral symmetric lesions in Richard's brain. He received a medical report on July 17, 1997, suggesting the lesions could have been caused by the lack of oxygen to his brain during the hospitalization in May of 1995.
Richard, Linda, and their children filed suit against Dr. McGuire, DMOS and IMMC on June 2, 1998. The district court granted defendants' motion for summary judgment, finding the action was barred by the statute of limitations found in Iowa Code section 614.1(9) (1997). Under this section, medical malpractice actions should be brought:
within two years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of, the injury or death for which damages are sought in the action. . . . Iowa Code ยง 614.1(9). The court found the statute of limitations began to run shortly after Richard was released from the hospital in June of 1995, and plaintiffs failed to file suit within two years of the date when they knew or should have known of Richard's injury. Plaintiffs appealed.
We review a summary judgment ruling for corrections of errors of law. Howell v. Merritt Co., 585 N.W.2d 278, 280 (Iowa 1998). Under Iowa Rule of Civil Procedure 237, summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Id. The facts are reviewed in the light most favorable to the nonmoving party. Shriver v. City of Okoboji, 567 N.W.2d 397, 400 (Iowa 1997).
Plaintiffs claim they were not aware Richard had an injury to his brain until July of 1997, when tests revealed organic brain damage. They assert their earlier knowledge of Richard's post-surgical depression must be distinguished from knowledge of the brain injury. They contend the statute of limitations did not begin to run until July of 1997, when Richard was informed of the brain lesion. Moreover, the
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