[W] Dulaney v. St. Alphonsus Regional Medicial Center8/7/2001
OPINION WITHDRAWN and new opinion issued March 21, 2002.
ANNA L. DULANEY, PLAINTIFF-APPELLANT
v.
ST. ALPHONSUS REGIONAL MEDICAL CENTER, GARY F. HOLLAND, M.D., STANLEY J. WATERS, M.D., DEFENDANTS-RESPONDENTS AND DOES I THROUGH X, DEFENDANTS
Ringert Clark, Chtd, Boise and Magnuson Lowell, Redmond, Washington, for appellant. James G. Reid and Richard Lowell argued for appellant, Joseph B. Jones appeared. Cantrill, Skinner, Sullivan & King, Boise, for respondent, St. Alphonsus Regional Medical Center. John L. King argued. Hall, Farley, Oberrecht & Blanton, Boise, for respondent, Waters. Richard E. Hall argued. Moffatt, Thomas, Barrett, Rock & Fields, Boise for respondent, Holland. Patricia M. Olsson argued.
The opinion of the court was delivered by: Kidwell, Justice
2001 Opinion No. 76
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Ronald J. Wilper, District Judge.
The order of the district court is reversed and remanded.
Plaintiff Anna Dulaney appeals the district court's grant of summary judgment in favor of defendants Gary Holland, M.D., Stanley Waters, M.D., and St. Alphonsus Regional Medical Center.
I. FACTS AND PROCEDURAL BACKGROUND
On August 17, 1994, Anna Dulaney, a resident of Washington state, was visiting a cousin who resided in Boise, Idaho. She was injured when the chair on which she was seated rolled off a pool deck, causing her to fall approximately four feet to the ground. Dulaney was transported by ambulance to St. Alphonsus where she was x-rayed, examined, offered pain medication and advised to rest. She was released to her family and returned to her cousin's house.
Two days later, Dulaney's legs "gave out" while she was walking from her bedroom to the bathroom. She experienced excruciating pain and was once again transported by ambulance to St. Alphonsus. Dulaney was evaluated and treated by Dr. Holland, the emergency room physician, and Dr. Waters, the on-call orthopedist who was present in the emergency room at the time. Dr. Holland asked Dr. Waters to consult on Dulaney's case.
Both doctors were aware that Dulaney could not walk. Nevertheless, neither physician ordered any diagnostic testing such as x-rays, a CT scan, an MRI, or a myelogram, and neither physician conducted a complete neurological examination. At the conclusion of his evaluation, Dr. Waters recommended that Dulaney undergo physical therapy and consult with her physician in Washington when she returned home. Dulaney was subsequently released from the ER, in spite of the fact that her pain had not subsided, and she had been unable to walk since falling that day. She was transported back to her cousin's home by ambulance.
Dulaney was driven home to Washington by automobile on August 21, 1994. Upon her arrival, she was immediately taken to the emergency room at Overlake Medical Center in Bellevue, Washington. She was examined that evening and admitted to the hospital.
The next day, Dulaney underwent an MRI scan. It revealed a block in her spine. An operation was performed in which her surgeon located a T7 block, along with a fractured T7, an epidural lipomatosis, and an epidural hematoma. Following the surgery, Dulaney experienced no recovery in her lower extremities - she is now a paraplegic. Complications related to her paraplegia resulted in both a leg and toe amputation; additionally, her present treating physician does not expect her to survive another five years.
Dulaney brought thi
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