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Stodgell v. Erickson8/28/2001
Appellants Alan Keith Stodgell, as trustee for the next of kin of Dillon Alan Stodgell, deceased, and Tracy Eilene Stodgell, individually (the Stodgells), appeal the dismissal of their medical-malpractice action for failure to identify the standard of care applicable to respondent City of Warroad, d/b/a Warroad Rescue as required under Minn. Stat. §á145.682 (2000). We reverse and remand.
FACTS
In 1995, when he was less than a year old, Dillon Alan Stodgell was the recipient of a heart transplant at the Denver Children's Hospital. The complaint alleges that on October 18, 1997, Dillon was brought to Roseau Area Hospital and Home emergency room, where he was observed and treated by Dr. Deborah Erickson, who recognized that Dillon's heart was in acute trouble. Dr. Erickson contacted Dr. Mark Zittergruen at the Fargo MeritCare Health Center, and they arranged for Dillon to be transported by a Warroad Rescue ambulance from the Roseau hospital to the Fargo hospital. The phone call for ambulance services occurred at approximately 10:00 a.m., and the ambulance from Warroad arrived at the Roseau hospital by about 12:00 Noon.
Dillon was transported in the same ambulance as an adult patient with a broken leg, who was dropped off first at a Grand Forks hospital. Dillon arrived at the Fargo hospital at around 5:00 p.m. At approximately 9:00 p.m., Dillon went into cardiac arrest and died.
After the death of their son, the Stodgells sued Dr. Erickson, Dr. Zittergruen, Roseau Area Hospital, MeritCare Medical Group, Inc., MeritCare Hospital, MeritCare Health System, Warroad Rescue, and Altru Health System for medical malpractice (wrongful death), violation of the federal patient anti-dumping act, and negligence. In April 2000, the Stodgells submitted a timely expert disclosure pursuant to Minn. Stat. §á145.682 (2000), consisting of the affidavits of six expert witnesses.
In September 2000, Warroad Rescue brought a motion to dismiss based upon failure to comply with Minn. Stat. § 145.682. After a hearing, the district court granted the motion, concluding that the expert affidavits did not identify the standard of care applicable to Warroad Rescue.
DECISION
1. As a threshold matter, the Stodgells argue that Minn. Stat. § 145.682 (2000) is not applicable under the facts and that no expert affidavits are necessary to establish a standard of care applicable to Warroad Rescue. When within common knowledge of a lay person, expert testimony is not necessary to establish a prima facie case of the elements of a medical-malpractice claim. Tousignant v. St. Louis County, 615 N.W.2d 53, 59 (Minn. 2000). Accordingly, this court recently explained that when paramedics are performing functions not requiring professional training or judgment, such as using an address to locate a home when responding to an emergency, the standard of care is that of a reasonable person rather than that of a medical professional. Blatz v. Allina Health Sys., 622 N.W.2d 376, 385 (Minn. App. 2001), review denied (Minn. May 16, 2001).
In this case, however, the functions complained of, such as failure to properly monitor and treat Dillon during transport, require professional training or judgment. Accordingly, Minn. Stat. § 145.682 applies to the claim against Warroad Rescue.
2. Under Minn. Stat. § 145.682, a plaintiff who brings a medical-malpractice action must file an affidavit that identifies (1) qualified experts who intend to testify; (2) the substance of their testimony; and (3) a summary of the basis for the experts' opinions. Minn. Stat. § 145.682, subd. 4(a). The affidavit must state the expert's opinion that "one or more defendants
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