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Bowman v. Gronstedt3/13/2002
Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge.
Plaintiffs appeal from the district court ruling granting the defendants' motions for directed verdict in the plaintiffs' medical malpractice action. REVERSED AND REMANDED.
I. Background Facts and Proceedings.
Bruce Bowman sued Drs. Gary G. Gronstedt and Yasyn Lee for wrongful death damages following his wife Wendy's death. Bowman claims the doctors' substandard care and treatment of Wendy's mental illness caused her death and resulting damages.
The trial record includes the following evidence concerning Wendy's mental health and events preceding her death in October 1996: Wendy first consulted Dr. Gronstedt on September 16, 1996, after she was found wandering disoriented and delusional in an Altoona park on September 4, 1996. At that time Dr. Gronstedt diagnosed Wendy as suffering from a bipolar disorder. He prescribed mood-stabilizing medication and scheduled Wendy for a follow-up appointment in three days. Wendy disappeared for a second time on September 28. After Altoona police found her in a state similar to September 4, she was briefly hospitalized until released by Dr. Gronstedt on October 2, 1996. According to Bruce, he discussed his concerns about Wendy's release with Dr. Gronstedt but was told Wendy would be fine as long as she followed an undisclosed plan for recovery. Other evidence discloses the plan was for Wendy to move out of the Bowmans' home and divorce Bruce. Wendy planned to move to Newton, where she would get a job and also pursue a career as a freelance writer.
Upon her release on October 2, Wendy returned home, gathered her belongings, and disappeared. When she was later found in Dyersville, Wendy was described as confused and incontinent. Police took her to a hospital in Dubuque where she was examined by Dr. Lee. Although Dr. Lee diagnosed Wendy as suffering from bipolar disorder, she did not treat her. Wendy was instead released and instructed to contact Dr. Gronstedt immediately upon her return to Altoona.
After Wendy was released from the hospital in Dubuque on October 5, 1996, she went to live with her parents. Her father, Don Roland, called Dr. Gronstedt to alert him to Wendy's situation and obtain an appointment for her. Dr. Gronstedt told Roland that Wendy already had an October 14 appointment and that would be soon enough for him to see her.
Wendy disappeared for the last time on October 11. Her car was discovered along Interstate 80 in Pottawattamie County on October 12. Approximately twenty quart bottles of water were found in her car, six or eight of which were empty. Five days later, Wendy's body was discovered near the location of her car.
Wendy's autopsy results were inconclusive. Dr. Thomas Bennett, then the state medical examiner, determined the cause of Wendy's death was most probably fatty liver changes, a condition associated with an electrolyte disturbance. In an addendum to his autopsy report, Bennett stated:
The most significant finding at the autopsy was the finding of the fatty liver, which has been associated with sudden death. Fatty liver has numerous causes besides alcohol. For the death of Wendy Bowman, certainly starvation or other undisclosed causes must be considered more likely than alcohol use in her death.
Thus, the cause of death will still be ruled as "sudden death with fatty liver, cause undetermined," and the manner of death would be ruled as "undetermined," also.
Bowman offered expert medical testimony supporting both his malpractice and causation theories. Dr. Daniel Luchins, a psychiatrist, testified Dr. Gronstedt breache
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