 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bueling v. Swift5/5/1998
Submitted on Briefs April 2, 1998.
1 Appellant Anita Bueling (Bueling) appeals from the April 10, 1997 order of the Eighth Judicial District Court, Cascade County, denying Bueling's motions to set aside the jury verdict and for a new trial. We reverse in part, affirm in part, and remand for a new trial.
2 Bueling raises the following issues:
3 1. Did the District Court err in granting Respondents Dr. Douglas Swift (Dr. Swift) and Dr. David Anderson (Dr. Anderson) four peremptory challenges each?
4 2. Did the District Court err in granting Respondents' motion in limine prohibiting Dr. Randall Schaffer (Dr. Schaffer) from testifying as a fact witness for Bueling?
Factual and Procedural Background
5 In the afternoon of September 11, 1993, Bueling's husband, David, who was suffering from flu-like symptoms, visited the Doctor's Convenience Care Clinic in Great Falls. The doctor on duty at the clinic, Dr. William Gertson (Dr. Gertson), determined that David was quite ill and immediately ordered that he be transported by ambulance to the Columbus Hospital Emergency Room (ER). David's regular physician was not on call, and that doctor's patients were being covered by Dr. Swift, an internist. Dr. Gertson contacted Dr. Swift and informed him that David was very ill and being transferred to the ER.
6 David arrived at the ER at approximately 2:45 p.m., where he was examined by Dr. Betty Kuffel (Dr. Kuffel). The parties dispute the time at which Dr. Swift arrived at the ER. Bueling maintains that Dr. Swift did not arrive until about 5:45 p.m., nearly three hours after David was admitted. Dr. Swift testified that he arrived at about 3:30 p.m. The director of medical records testified that Dr. Swift's notes indicated that he dictated David's medical history and physical examination at 5:44 p.m.
7 After examining David, Dr. Swift consulted with Dr. Anderson, a pulmonologist, over the telephone. Dr. Anderson testified that he received the phone call from Dr. Swift between 4:15 and 4:30 p.m. Dr. Swift told Dr. Anderson that David was very ill with bilateral pulmonary infiltrates and possibly pneumonia. Dr. Anderson agreed to see David and initiated his transfer to the Intensive Care Unit. Dr. Anderson examined David at about 6:30 p.m. Dr. Anderson performed a bronchoscopy and inserted a Swan-Ganz catheter into David's pulmonary artery to obtain cardiac output data. David died of a heart attack before Dr. Anderson received the data. It was later determined that David was suffering from hantaviral pulmonary syndrome, the first reported case in Montana.
8 Bueling filed a wrongful death and survival action against Drs. Swift and Kuffel and Columbus Hospital. During the discovery phase, Bueling amended her complaint to add Dr. Anderson as a defendant. Subsequently, Bueling moved the District Court to limit the number of peremptory challenges allowed the defendants collectively to four. Bueling argued that because the defendants were not hostile to each other, they should not receive additional peremptory challenges. At the pretrial conference, the District Court determined that Drs. Swift and Anderson would each get four peremptory challenges and that Dr. Kuffel and Columbus Hospital, who were represented by the same counsel, would share four.
9 At the pretrial conference, the District Court also granted Dr. Anderson's motion in limine to prevent Bueling from calling Dr. Schaffer as a witness. Dr. Schaffer is a family friend of the Buelings who examined David's records at Columbus Hospital a week after his death. Bueling sought to call Dr. Schaffer to testify as an ex
Page 1 2 3 4 5 6 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|