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Dowell v. Conrad5/31/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is a medical-malpractice case. The appellants, Danny Dowell and Betty Dowell, individually and as special administratrix of the estate of Shawn Dowell, brought this action against the appellees, Pam Conard, D.O., Dr. Lackey Moody, and St. Paul Fire and Marine Insurance Company, as the insurer of the White River Medical Center (WRMC), for the wrongful death of their son, Shawn Dowell. On appeal, appellants argue that the Independence County Circuit Court erred in striking the affidavit of their only expert witness, Dr. William Rodney, and in granting summary judgment in favor of appellees. We affirm.
On December 14, 1995, at approximately 9:30 in the evening, 25 year-old Shawn Dowell drove himself to the emergency room at the WRMC with severe abdominal pain. He was obese, nauseous, diaphoretic, and had been vomiting for about an hour prior to his arrival. Shawn was initially examined by Pam Conard, D.O., and was found to have an elevated respiratory rate, a low blood pressure reading, and no bowel sounds. Laboratory tests were taken, and the results showed that Shawn had an elevated white-blood count. Conard did not rely on the blood pressure readings because she did not believe the readings were accurate. The arm band used for checking blood pressure could not fully reach around Shawn's arm. Neither Conard nor any other employee of WRMC obtained blood pressure equipment that could take an accurate reading. Conard considered Shawn's condition to be stable and chose to reassess and observe him.
At approximately 2:20 a.m., Shawn was admitted to the hospital as stable under the care of Dr. Lackey Moody, who was on call for Dr. James Harbin. Dr. Moody never came to the hospital to treat Shawn but made a diagnosis of gastroenteritis. Around 3:40 a.m., Shawn died following unsuccessful resuscitation efforts.
Appellants filed suit against appellees claiming negligence in the failure to administer fluids at a high volume, failure to take blood and urine cultures, failure to administer IV antibiotics, and failure to ensure that an attending physician came to see the patient upon admission. Appellants designated one expert, Dr. William Rodney, and appellees deposed him on December 10, 1998. Dr. Rodney testified that Conard's and Dr. Moody's actions or inactions were below the standard of care. However, Dr. Rodney also testified that he did not know whether Shawn would have died if Conard had met the standard of care. Dr. Rodney further did not have an opinion "one way or the other" as to whether Shawn would have lived. In addition, Dr. Rodney also had no opinion whether it would have made any difference if Dr. Moody had come to the hospital at the time of admission.
Thereafter, appellees moved for summary judgment on the basis that no proximate cause had been established. Appellants responded and filed an affidavit of Dr. Rodney stating his opinion that if Conard, D.O., and Dr. Moody had met the standard of care, Shawn would have more than likely lived. Appellees filed a motion to strike this affidavit as being inconsistent with the prior testimony of Dr. Rodney. The circuit court granted the motion to strike the affidavit.
For appellants' first argument on appeal, they claim that the trial court erred in striking the affidavit of their only expert witness, Dr. Rodney. During a deposition the following colloquy took place between appellees' counsel and Dr. Rodney:
A: Yes. Is it your opinion to a reasonable degree of medical certainty that if Dr. Moody had come to the hospital, as you said, that Shawn Dowell would have not died?
A: No, sir.
A: And
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