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Daley v. Hoagbin8/30/2000
Appeal from the Iowa District Court for Pottawattamie County, James Heckerman, Judge.
Plaintiff appeals following the grant of summary judgment dismissing her medical malpractice action. She contends there was evidence her injury was a proximate result of defendant's negligence. We disagree.
AFFIRMED.
Plaintiff-Appellant Jennifer Daley appeals following the dismissal of her medical malpractice action against Defendant-Appellee Joseph E. Hoagbin. The district court in sustaining the defendant's motion to dismiss on summary judgment found that plaintiff failed to show through expert testimony that defendant's alleged negligence was the cause of plaintiff's injuries. Plaintiff on appeal contends that the summary judgment should not have been granted because there was expert testimony which if believed would have proved that fact. We affirm.
On July 2, 1996, plaintiff went to the emergency room at Mercy Hospital in Council Bluffs, Iowa, complaining of pain in her left hip and back following a fall several days earlier down some steps. Defendant examined plaintiff and x-rays were taken. Defendant determined plaintiff had contusions to the left hip and buttock and released her. Plaintiff continued to have pain in her low back and leg and experienced numbness. On July 29, 1996, she sought further medical care from Patrick W. Bowman, M.D. of Nebraska Spine Surgeons, P.C. The medical record from this group indicated plaintiff was diagnosed there as having "a herniated lumbar disk, L4-5, left with severe L5 radiculopathy." The records further indicated that on August 1, 1996 Plaintiff had a microlumbar diskectomy L3-4, left and a large free fragment removed.
Plaintiff subsequently filed this suit alleging that as a result of defendant's failure to properly diagnose her injury she suffered a severe and permanent injury. Plaintiff designated Bowman as her sole expert. Defendant took Bowman's deposition and then filed a motion for summary judgment contending his testimony did not provide sufficient evidence to support a finding that the negligence of defendant if any was the proximate cause of plaintiff's alleged injury and damages. The district court in sustaining defendant's motion held, " he testimony of Dr. Bowman is not sufficient to show the required nexus between defendant's alleged negligence and the plaintiff's injuries. Dr. Bowman is not able to testify to any degree of certainty that any of plaintiff's injuries were caused by the actions of the defendant." Plaintiff contends that Bowman's testimony supplies the required nexus.
Our review of a grant or denial of summary judgment is for correction of errors at law. Iowa R. App. P. 4; Gabrilson v. Flynn, 554 N.W.2d 267, 270 (Iowa 1996). Summary judgment is only appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c); Phipps v. IASD Health Servs. Corp., 558 N.W.2d 198, 201 (Iowa 1997). To determine whether there is a genuine issue of material fact, the court must examine the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits. Iowa R. Civ. P. 237(c). We review the record in the light most favorable to the party opposing summary judgment, in this sense, we consider a motion for summary judgment as we would a motion for directed verdict. Dickerson v. Mertz, 547 N.W.2d 208, 212 (Iowa 1996). Under this standard, summary judgment is inappropriate if reasonable minds would differ on how the issue should be resolved. Id.
In order to establish a prima facie case of medical malpractice, plaintiff must show evidence which establishes the applicable standard of care,
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