 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Manke v. Fernandez5/31/2002
John Fernandez appeals the judgment entered following a jury trial awarding Nancy Manke damages on her medical malpractice claims against him based on the suicide of Manke's daughter. AFFIRMED.
Dr. John Fernandez appeals the judgment entered following a jury verdict awarding Nancy Manke damages on her medical malpractice claims based on her daughter Cyrstal Manke's suicide. Dr. Fernandez claims the district court should have granted his motions for directed verdict and judgment notwithstanding the verdict because Manke failed to prove his alleged malpractice was a proximate cause of Crystal's death. He also contends Manke released her claims against him as part of a settlement of Manke's claims against co-defendant Children's Square. We affirm.
I. Background Facts and Proceedings
Crystal was adjudicated a child in need of assistance by the juvenile court and placed at Children's Square, a Psychiatric Medical Institution for Children in Council Bluffs. At the time Crystal was admitted on April 3, 1998, Dr. Fernandez examined her and prescribed an antidepressant. He saw Crystal again on April 13, 1998, because she was having problems sleeping. Dr. Fernandez increased her antidepressant, and prescribed a sedative. Crystal committed suicide on May 6, 1998, while still a patient at Children's Square.
Manke, as administrator of Crystal's estate and individually, sued Children's Square and Dr. Fernandez claiming Crystal's death and resulting damages were caused by their combined medical negligence. During the course of trial, Manke settled with Children's Square. As part of the settlement, she signed a release of all claims against Children's Square, "its employees, officers and directors."
Because Dr. Fernandez was not a party to the settlement, the trial continued on Manke's claims against him. In its special verdict forms the jury found Dr. Fernandez was negligent and his negligence was a proximate cause of Crystal's death and resulting damages. The jury also determined Dr. Fernandez was twenty-five percent at fault and Children's Square was seventy-five percent at fault. Manke was awarded damages totaling $130,900, with Dr. Fernandez responsible for $32,725 of this amount based on the jury's allocation of fault. The district court denied Dr. Fernandez's motions for directed verdict and judgment notwithstanding the verdict resulting in this appeal.
II. Scope of Review
Our review of rulings on motions for directed verdict and for judgment notwithstanding the verdict is for correction of errors at law. Iowa R. App. P. 6.4. On both motions, we view the evidence in the light most favorable to the party opposing the motion. Iowa R. App. P. 6.14(6)(b); Midwest Home Distrib. v. Domco Indus., Ltd., 585 N.W.2d 735, 738 (Iowa 1998).
We review a ruling on a motion for directed verdict to determine whether the nonmoving party had presented substantial evidence on each element of the claim. Gibson v. ITT Hartford Ins. Co., 621 N.W.2d 388, 391 (Iowa 2001). Evidence is substantial if a jury could reasonably infer a fact from the evidence. Balmer v. Hawkeye Steel, 604 N.W.2d 639, 640 (Iowa 2000). A directed verdict is appropriate if the evidence is not substantial. Id.
A motion for judgment notwithstanding the verdict must stand or fall on the grounds asserted in the motion for directed verdict. Channon v. United Parcel Serv., 629 N.W.2d 835, 839 (Iowa 2001). Again, we inquire whether substantial evidence exists to support the plaintiff's claim, justifying submission of the case to the jury. Id.
III. Proximate Cause
To establish a prima facie case of medical malpractice, the plaintiff
Page 1 2 3 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|