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DeYoe v. North Memorial Health Care8/1/2000
Appellant Denise Nichol DeYoe brought a medical malpractice action as next of kin to her deceased son, Kenneth James DeYoe, and on behalf of herself, against respondents North Memorial Health Care and William Youmans, M.D., alleging that the negligent care rendered by respondents during her childbirth resulted in the wrongful death of her newborn son and personal injury to herself. Following a jury verdict in favor of respondents, appellant brought post-trial motions for a directed verdict, new trial, or JNOV, which were all denied. Appellant argues that the trial court erred by (1) not granting her motion for JNOV on the issue of negligence against Dr. Youmans and North Memorial Health Care; (2) denying her attempt to introduce into evidence North Memorial Health Care's hospital protocols regarding the use of the drug Pitocin; (3) denying her motion to strike the testimony of Dr. Youmans' expert, Ruth Bolton, M.D., after she admitted that she did not know the standard of care; (4) granting respondents two peremptory challenges each when they did not establish differing or conflicting interests; (5) excluding and restricting the testimony of her expert witnesses regarding causation and nursing care negligence; and (6) allowing respondents to testify about matters not addressed in their expert disclosures. We affirm.
FACTS
On September 2, 1995, following a routine pregnancy, appellant Denise Nichol DeYoe was admitted at about 1:00 p.m. into respondent North Memorial Health Care's hospital in spontaneous labor. Her attending physician was respondent William L. Youmans, M.D., who is a family practice doctor with respondent Camden Physicians, Ltd.
Although DeYoe's labor started normally, her labor arrested and she was given the drug Pitocin, a drug that increases the rate and strength of uterine contractions and dilates the cervix. During most of this time, DeYoe was monitored by Millie Schultz, a registered nurse. Nurse Schultz increased the Pitocin dosage over the next several hours, but DeYoe still did not deliver her baby. At North Memorial, nurses do not call the physician every time they increase Pitocin, but keep the physician informed concerning the progression of a patient's delivery. At approximately 8:20 p.m., DeYoe experienced a sudden onset of significant pain and there was a change in fetal heart rate. Nurse Schultz attempted to find a position that would relieve DeYoe's pain. At 8:34 p.m., Nurse Schultz advised Dr. Youmans that DeYoe was experiencing serious problems with her delivery. Dr. Youmans determined that there were major problems with the fetal heart rate and ordered that Pitocin be stopped and that oxygen be given to DeYoe. Dr.áYoumans determined that an Obstetrician/Gynecologist (Ob/Gyn) would have to be called to perform a cesarean section. Because there was no Ob/Gyn present at North Memorial, one had to be called in. An Ob/Gyn delivered Kenneth James DeYoe (K.J.D.) by cesarean section at approximately 9:21 p.m. During this surgery, it was found that DeYoe's uterus had ruptured and the placenta was abrupted from the wall of the uterus. Although K.J.D. was born alive, he had extensive brain injuries and died on September 7, 1995, due to complications from oxygen deprivation caused by the uterine rupture.
DeYoe brought a medical malpractice action, alleging that respondents were negligent in (1) failing to manage her augmented labor properly; (2) failing to monitor fetal and maternal status adequately; (3) failing promptly to recognize and interpret evidence of non-reassuring fetal rate patterns; (4) failure to intervene timely and appropriately in response to evidence of non-reassuring fetal heart rate patterns; and (5) failing to advise
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