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Wilson v. Knight6/25/1999
Appeal from Sedgwick District Court; KARL W. FRIEDEL, Judge.
Affirmed.
Dr. Philip Knight appeals from a jury verdict awarding William Wilson $100,000 in damages caused by Knight's medical malpractice. Knight argues the court erred in permitting one of Wilson's claims of negligence to be considered by the jury. Wilson cross-appeals, arguing the district court erred in granting summary judgment against him on his claim for medical expenses incurred during his minority.
On August 30, 1990, 14-year-old William Wilson began experiencing stomach pain. He went to see Dr. Pennington, his pediatrician, who later admitted him to the hospital and referred him to Dr. Knight, a pediatric surgeon. Dr. Knight was of the opinion Wilson had appendicitis, based on his elevated white blood count and a medical history consistent with that diagnosis. However, Dr. Knight decided not to perform an appendectomy then as Wilson had not met a certain diagnostic threshold. Wilson was eventually discharged from the hospital on September 3, after Dr. Knight concluded appendicitis was less likely than first suspected because Wilson's white blood count had decreased and he could take in fluids.
Dr. Knight next saw Wilson on September 9, as Wilson's pain had not improved since his discharge from the hospital. Dr. Knight performed an appendectomy that same day. A few days after the operation, Wilson began noticing one of his testicles had swollen, and he was continuing to experience pain. Wilson was discharged on September 15, although he felt extremely weak.
Wilson subsequently visited Dr. Hyder on September 20. Dr. Hyder, who is a colon and rectal surgeon, discovered a possible infection in Wilson's abdominal cavity. Wilson was again admitted to the hospital where the infection was diagnosed as a pelvic abscess. This abscess was drained at least twice, and it was subsequently discovered Wilson had developed a rectovesical fistula, which Dr. Hyder described as "a communication between the rectum and the bladder." Due to the development of this fistula, a catheter and colostomy were installed which Wilson wore until June of the next year.
After his 18th birthday, Wilson filed this malpractice claim seeking to recover damages, including past medical expenses of $86,411.09. Before trial, the district court ruled that as a matter of law Wilson had no cause of action for past medical expenses. During the trial, Wilson introduced medical articles into evidence over the objection of Dr. Knight. At the close of Wilson's case in chief, Dr. Knight's motion for directed verdict upon the claim he failed to diagnose and test for post-operative infection was denied. At the Conclusion of trial, the district court included the same claim as one of Wilson's contentions of negligence in its jury instructions. The jury found Dr. Knight negligent and awarded Wilson $100,000. Knight's motion for new trial was denied.
On appeal, Dr. Knight raises two issues: (1) Did the district court err in admitting medical journal articles as independent evidence to establish breach of the standard of care; and (2) did the district court err in denying defendant's motion for directed verdict and motion for new trial on the claim of failure to diagnose and treat for postoperative infection? Wilson has cross-appealed from the district court's decision denying recovery of medical expenses.
ADMISSION OF MEDICAL TREATISES
Several times during the trial, Wilson's counsel introduced various journal articles and treatises under the learned treatise exception to the Kansas hearsay rule, K.S.A. 1998 Supp. 60-460(cc).
Dr. Knight contends the admission of thi
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