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Midgett v. Cook Inlet Pre-trial Facility8/30/2002
lez did not err in dismissing Midgett's breach of contract claim.
F. The Superior Court Did Not Err in Dismissing Midgett's Medical Malpractice Claim.
Midgett argues that the superior court erred in dismissing his medical malpractice claim. Judge Gonzalez held that in Midgett's amended complaint, Midgett asserted a cause of action for medical malpractice. Judge Gonzalez stated that because " he evidence presented at trial not support a cognizable cause of action against these defendants" on that theory, the claim was dismissed.
Given that there was substantial evidence adduced at trial on Midgett's medical malpractice claim, Judge Gonzalez's dismissal of it is best characterized as a finding that Midgett failed to carry his statutory burden on the claim. Under AS 09.55.540, a plaintiff in a medical malpractice action must (1) establish a standard of care, (2) show that the defendant failed to exercise this standard of care, and (3) establish that the failure was the proximate cause of the defendant's injuries. We have held that, where negligence is not evident to lay people, the plaintiff in a medical malpractice action must present expert testimony to establish the claim.
The only medical testimony presented by Midgett at trial was that of Dr. Christopher Horton, the orthopedist who treated Midgett. Dr. Horton testified that the air cast Midgett was initially fitted with immobilized his foot and that, with the use of crutches, his fracture, which had not displaced, would heal properly. Dr. Horton further testified that it was Midgett's walking on his leg, against medical advice, that resulted in Midgett's ankle requiring surgery. Dr. Horton testified on cross examination by the state that, given the amount of swelling around the ankle, the physician's assistant's use of an air cast was proper, as a hard cast could have caused permanent damage. He also testified that Midgett told him he had been bearing weight on his foot, against doctor's orders. As Midgett did not present any evidence showing that the air cast contributed to his injury or to dispute the evidence that it was Midgett's walking on his ankle that caused the more severe injury requiring surgery, the superior court did not err in dismissing Midgett's claim for medical malpractice.
V. CONCLUSION
Because the superior court did not err in any respect, we AFFIRM the superior court's decision.
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