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Slutzki v. Grabenstetter9/25/2002
Plaintiffs' appeal in this medical malpractice action challenges the district court's rulings refusing to submit an issue of informed consent to the jury, excluding evidence of defendant Grabenstetter's withdrawn counterclaim, and permitting the testimony of an expert witness for the defendants. AFFIRMED.
Rina and Giora Slutzki (collectively the Slutzkis) appeal from the final judgment in their medical malpractice action against the defendants Dr. Joan Grabenstetter and McFarland Clinic, P.C. The Slutzkis contend the trial court erred in (1) "directing a verdict" on the issue of informed consent as it related to the nondisclosure of Dr. Grabenstetter's medical condition, (2) excluding evidence of Dr. Grabenstetter's withdrawn counterclaim, and (3) allowing the testimony of defense expert witness Dr. Taylor. We affirm.
I. BACKGROUND FACTS.
Dr. Joan Grabenstetter is an obstetrician and gynecologist at McFarland Clinic, P.C., in Ames. She first saw Rina Slutzki professionally in 1986, and this relationship continued. Dr. Grabenstetter diagnosed Rina with fibroids, which gradually increased in size. Dr. Grabenstetter recommended Rina have a hysterectomy, but Rina declined until the fibroids were more of a problem. Rina eventually scheduled surgery after an April 1997 visit to Dr. Grabenstetter. Although the hysterectomy was originally scheduled for May 1997, Rina cancelled the surgery, and she ultimately underwent the hysterectomy operation in August 1997.
At the time of the surgery, Dr. Grabenstetter had for some time been experiencing symptoms from a herniated disc in her neck region. She testified at trial that the symptoms caused by the disc did not affect her work or her ability to perform surgery. According to Dr. Grabenstetter, her herniated disc affected muscles involved in the use of her arms above the level of the shoulder so that her muscles were affected by driving and holding up her arms, but that surgery did not affect her muscles because the operating table was always adjusted to the surgeon's level of comfort, and when in a position to operate her arms are always down.
Rina's surgery resulted in both of her ureters becoming obstructed. Such injuries are a recognized complication of a hysterectomy. The injuries were recognized post-operatively and the damage was repaired within about twenty-four hours of the hysterectomy. She alleges she has some sexual dysfunction and difficulties with urinary control.
Rina and her husband, Giora, filed a petition alleging Dr. Grabenstetter was negligent in various particulars, causing injury to Rina and loss of consortium to Giora. Dr. Grabenstetter filed a counterclaim against Rina Slutzki for slander. She later dismissed the counterclaim. The Slutzkis claimed, among other things, lack of informed consent based on Dr. Grabenstetter's not advising Rina of Dr. Grabenstetter's medical condition. The district court granted the defendants' "motion for directed verdict" concerning the lack of informed consent issue. The jury returned a verdict in favor of the defendants, finding Dr. Grabenstetter was not at fault. The Slutzkis appeal.
II. INFORMED CONSENT.
The Slutzkis contend that the trial court erred in refusing to submit to the jury their informed consent claim involving the nondisclosure of Dr. Grabenstetter's medical condition. They argue that a reasonable patient would want to know about her medical condition, and a reasonable person would elect to either defer the surgery or obtain a different surgeon. They argue Rina was denied the opportunity to make these choices due to Dr. Grabenstetter's nondisclosure.
A. Scope of review.
We
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