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Ramsey v. Coatney8/14/2002
apter as,
an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending physician, result in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery. Iowa Code § 144A.2(8) (emphasis added).
Boyd contends on appeal that the contradiction between the defendants' affidavits in support of their motion for summary judgment and their statements in the medical records creates a genuine issue of material fact. More specifically, Boyd argues Dr. Coatney's progress notes on August 22, 2000, stating Ethel was "never declared terminal by me" and that he "did not state Ethel was terminal" are in direct contradiction to his affidavit stating that prior to Ethel's death he believed her condition was terminal.
Whether as of August 15 when life-sustaining procedures were withheld or withdrawn the defendants held the required opinion is material to the outcome of this case. For two somewhat related but nevertheless separate and independent reasons we conclude the summary judgment record does not establish as undisputed fact that the defendants held such an opinion as of that date.
First, in relevant part Dr. Coatney's affidavit asserts only that "prior to her death" (which occurred August 26) he believed her condition was terminal. Notably, it does not assert he held such a belief as of August 15. Dr. Berry's affidavit, although worded somewhat differently, also speaks of an opinion formed well after August 15, apparently on August 21 when Dr. Berry examined Ethel. The affidavits thus cannot be seen as establishing as uncontested fact that the defendants held the required opinion as of August 15. Second, with respect to Dr. Coatney only, it appears from his August 22 progress notes that when someone, apparently Boyd, asked what second doctor had stated Ethel was terminal Dr. Coatney adamantly insisted that he had "not state " she was terminal, and that he had "never declared" her to be terminal. These statements are at least arguably inconsistent with him having held an opinion as of August 15 that Ethel was then in a terminal condition.
Viewing the facts in a light most favorable to the party resisting the motion for summary judgment, here Boyd Ramsey, and considering on his behalf every legitimate inference that can be reasonably deduced from the record, we conclude the defendants failed to meet their burden to prove there is no genuine issue of material fact. Accordingly, the district court's ruling granting summary judgment to the defendants is reversed and the case is remanded for further proceedings.
REVERSED AND REMANDED.
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