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Jensen v. IHC Hospitals11/14/2003
Shelly Hipwell died following a series of events that occurred after she had an emergency cesarian section. Ms.Hipwell's mother and her husband ("plaintiffs") filed suit against Dr. Michael J. Healy and IHC Hospitals, Inc. (doing business as McKay-Dee Hospital) for medical malpractice and fraud. The trial court dismissed the fraud claims and refused to allow plaintiffs leave to amend their complaint to allege an agency or privity relationship between Dr. Healy and McKay-Dee for purposes of imputing liability to McKay-Dee for Dr.Healy's actions. The medical malpractice claim proceeded to trial, wherein a jury found that neither defendant was liable for medical malpractice. Plaintiffs appeal.
Plaintiffs contend that the trial court erred in (1)refusing to allow plaintiffs' medical expert to testify concerning the standard of care for McKay-Dee's emergency room physicians, (2) refusing to admit evidence that allegedly constituted admissions by conduct on the part of Dr. Healy, (3)dismissing their fraud claim, and (4) refusing to grant them leave to amend their complaint to allege an agency or privity relationship between Dr. Healy and McKay-Dee. We affirm.
BACKGROUND
I. MS. HIPWELL'S TREATMENT AT MCKAY-DEE HOSPITAL
"'On appeal, we recite the facts from the record in the light most favorable to the jury's verdict . . . .'" Diversified Holdings, L.C. v. Turner, 2002 UT 129, 2, 63 P.3d 686 (quoting State v. Daniels, 2002 UT 2, 2, 40 P.3d 611). We recite the facts in detail because " detailed recitation . . . is necessary to understand the complex legal issues presented by this appeal." Jensen v. IHC Hosps., Inc., 944 P.2d 327, 328 (Utah 1997) (Jensen I).
Shelly Hipwell was thirty-six weeks pregnant when she entered the emergency room at McKay-Dee Hospital on the morning of December 12, 1988. She complained of sharp epigastric/costal margin pain or, in other words, pain essentially in the area of the liver.
Blood and urine tests were performed. In comparison to previous tests taken during her pregnancy, the emergency room tests showed that (1) Ms. Hipwell's blood pressure had risen from 90/50 to 124/72, (2) her platelet count had dropped from 315,000 to 172,000, and (3) there were more than trace amounts of protein in her urine for the first time. However, each of the results was still within normal range. No liver function tests were performed while she was in the emergency room. The emergency room physician diagnosed the problem as musculoskeletal pain and prescribed Tylenol.
The following day, Ms. Hipwell returned to the hospital for a previously scheduled ultrasound and "a planned induction of labor." When tests showed that her baby was in distress, however, she was sent to labor and delivery where Dr. Healy performed an emergency cesarian section. On December 14, 1988, Ms. Hipwell's liver ruptured due to a pregnancy related condition known as HELLP Syndrome, and she had to undergo surgery to repair it. Although the rupture was repaired, she experienced other complications that kept her hospitalized.
Plaintiffs claim that the liver rupture and other complications Ms. Hipwell experienced at McKay-Dee were the direct and proximate result of negligence on the part of McKay-Dee and her obstetrician, Dr. Healy, because Ms. Hipwell's condition could have been, but was not, diagnosed or treated earlier. They also claim that an injury Ms. Hipwell suffered later at another hospital was a foreseeable, natural consequence of defendants' actions, and, therefore, defendants should be liable for those injuries as well. We now recite the facts related to that later injury.
II. MS. HIPWELL'S TR
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