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Wolbers v. Finley Hospital12/17/2003
are designated as independent contractors. This liability arises from an ostensible agency, in that an emergency-room patient looks to the hospital for care, and not to the individual physician-the patient goes to the emergency room for services, and accepts those services from whichever physician is assigned his or her case.
40A Am. Jur. 2d Hospitals & Asylums ยง 48, at 460 (1999); see also Stipp v. Kimm, 874 F. Supp. 663, 665 (E.D. Pa. 1995) (same); Simmons v. St. Clair Mem'l Hosp., 481 A.2d 870, 874 (Pa. 1984) (same). We believe this non-delegable duty extends equally to outpatients entering the hospital emergency room and inpatients relying on emergency response in the absence of their chosen physician. The district court acted properly in allowing the jury to find that the hospital was vicariously liable for the acts of its emergency-room physician.
III. Whether the Hospital Was Entitled to a Directed Verdict on the Issue of Wrongful Death
A. Standard of Review
The court reviews a challenge to the denial of a motion for a directed verdict for correction of errors at law. Heinz v. Heinz, 653 N.W.2d 334, 338 (Iowa 2002). The evidence is considered in the light most favorable to the nonmoving party. Id. If there is substantial evidence in the record to support each element of a claim, the motion for directed verdict must be overruled. Id. Additionally, if reasonable minds could reach different conclusions based upon the evidence presented, the issue is properly submitted to the jury. Id.
B. Discussion
The hospital asserts that it was entitled to a directed verdict on three grounds: (1) the submission of a wrongful-death claim was inconsistent with the district court's refusal to submit a claim for lost chance of survival; (2) the evidence was insufficient to show the hospital did not provide the necessary standard of care; and (3) the evidence was insufficient to show that the hospital's omissions, if any, were a proximate cause of the death of plaintiff's decedent.
1. Consequence of denying lost-chance-of-survival claim. We are convinced the fact that the district court did not submit a claim for lost chance of survival is of no legal consequence in determining whether a wrongful-death claim was properly submitted. Submission of the wrongful-death claim had to be determined on the merits of that claim and the proof of the respective elements of a wrongful-death action. The court's refusal to submit a claim for lost chance of survival, even if inconsistent, would not preclude submission of a claim for wrongful death if the latter claim had support in the evidence.
2. Evidence of breach of the applicable standard of care. The plaintiff offered the testimony of Dr. Raphael, a trauma surgeon. This witness was asked the following questions:
Q: Now, Doctor let's talk about the emergency response. Do you have an opinion as to whether or not the care that Mr. Wolbers received after he went into respiratory arrest was adequate and complied with the proper standard of medical care?
A: Well, my opinion is that the answer to that is no on several counts.
Q: And can you tell us in what ways his emergency room care fell below the standard of care?
A: I just felt that the emergency room doctor didn't act like he had the ability to go any further if he once were unable to intubate the patient and in this case because he couldn't see where he was and for whatever reason he wasn't able to move that material out of the way so he could see.... ll you have to do is stick a needle in that neck if that's what you need to do to get some air in there temporarily, so I th
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