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Blevins v. Clark12/19/2000
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellants-defendants Laura Beth Blevins and Scott Blevins (collectively, the Blevinses) appeal the judgment in favor of appellee-defendant Carol A. Clark, M.D., on their medical malpractice claim. They contend that the trial court erred when it 1) admitted evidence of Dr. Clark's professional reputation and testimony of nurses who were instructed not to speak to their counsel, 2) denied their motion for exclusion of evidence obtained by alleged improper witness interviews and sanctions against Dr. Clark's counsel for such interviews, and 3) instructed the jury about the applicable standard of care.
FACTS
The facts most favorable to the judgment indicate that in July 1994 Laura Beth became a patient of Dr. Clark for prenatal care. Laura Beth had already given birth by Caesarean section to one child, delivered by a different doctor, several years earlier. During her prenatal visit, Dr. Clark discussed with Laura Beth the possibility of a VBAC (vaginal birth after Caesarean section) and the risk of uterine rupture. Laura Beth wanted a VBAC and did not change her mind about wanting a VBAC at subsequent prenatal visits.
Almost a week after Laura Beth's due date, she was admitted to the Community Hospital of Anderson for her labor to be induced. Laura Beth still wanted a VBAC. Later in the afternoon, her cervix began to thin and the baby began to move down the birth canal. Dr. Clark testified that Laura Beth did not demand a Caesarean section and seemed to be experiencing normal birth pains. The Blevinses, on the contrary, contend that Laura Beth demanded a Caesarean section, which Dr. Clark refused to administer.
During the evening, Dr. Clark performed a vaginal exam and ascertained that the baby's arm was over the baby's head. A subsequent vaginal exam indicated that an emergency Caesarean section was required. During the emergency delivery, Dr. Clark discovered that Laura Beth's uterus had ruptured at the point of her prior Caesarean-section scar and that the baby had entered Laura Beth's abdomen. Record at 1486. Lauren, the newborn daughter of the Blevinses, was quickly transferred to Riley Hospital in Indianapolis where she died a few days later.
Pursuant to Indiana law, the Blevinses filed a complaint with the Indiana Department of Insurance for an opinion by the medical review panel. The panel concluded that Dr. Clark had failed to meet the standard of care and that her negligence was a factor causing Lauren's death. On September 24, 1997, the Blevinses initiated suit against Dr. Clark.
During the pre-trial phase, Dr. Clark submitted a witness list, identifying three nurses who had treated Laura Beth during her labor and delivery: Judith Dobbins, Heather Hammond, and D. Brokaw. Counsel for the Blevinses attempted to speak with these nurses but was told by the nurses themselves that Dr. Clark's counsel and their nursing supervisor had instructed them not to discuss Laura Beth's treatment with anyone other than Dr. Clark's counsel. Because counsel for the Blevinses was unable to speak with these witnesses, the Blevinses filed a motion requesting sanctions against Dr. Clark's counsel and exclusion of the nurses' testimony. The trial court denied their motion.
At trial, Nurse Dobbins was questioned on direct examination about Dr. Clark's reputation at Community Hospital of Anderson and her reputation as an obstetrician-gynecologist. The Blevinses objected to Dobbins's testimony, claiming that Dr. Clark's "character reputation" was not an issue. The court ruled that evidence of Dr. Clark's professional reputation was admissible. Thus over objection, Nurse Do
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