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Kuhn v. St. Joseph''s Hospital and Medical Center12/10/1998
AFFIRMED
Lydia Kuhn appeals from the judgment on a jury verdict in favor of Mercy Healthcare Arizona, Inc., doing business as St. Joseph's Hospital and Medical Center, in her medical malpractice action against Mercy, and from the denial of her motion for new trial. Mercy cross-appeals from the trial court's preclusion of certain evidence allegedly bearing on the issue of Kuhn's damages. For the reasons discussed below, we affirm the judgment of the trial court. Because we affirm, we need not and do not decide the issue presented by the cross-appeal.
Kuhn visited St. Joseph's Hospital for delivery of her second child. After about eight hours, her contractions were noted as irregular and inadequate to dilate the cervix.
Three hours later, her labor was progressing slowly, and hospital personnel transferred Kuhn to the Labor and Delivery Room. A nurse, Mary Ellen Beaudoin, continued to monitor Kuhn's progress. Kuhn's contractions continued to be irregular and inadequate to dilate her cervix. Nurse Beaudoin claimed that she had reported her assessment of Kuhn's condition to one of the on-duty residents, Dr. James Heid, who had ordered her to start administering Pitocin at about 1:30 p.m. She did so, and Kuhn's contractions subsequently improved.
At 3:00 p.m., the nurses changed shifts and Nurse Jewell Shelton began monitoring Kuhn's care. Minutes later, the fetal monitor indicated that the baby was in distress. Hospital personnel rushed Kuhn into the operating room where Dr. Paul Mikel performed an emergency cesarean section. Dr. Mikel discovered that Kuhn's uterus had ruptured and, after delivering her baby, proceeded to perform an emergency hysterectomy. Kuhn and her baby survived.
Kuhn sued Mercy based on its responsibility for the alleged negligence of several resident physicians and nurses in failing to perform a timely cesarean section on Kuhn, thereby necessitating the emergency hysterectomy. Kuhn contended that the hospital staff negligently failed to determine that her pelvis was too small to vaginally deliver her baby, a condition known as cephalopelvic disproportion. Kuhn further asserted that Nurse Beaudoin administered the Pitocin without a doctor's order and that the Pitocin was contraindicated because of the cephalopelvic disproportion. Kuhn's expert opined that the administration of Pitocin and failure to perform a timely cesarean section caused the uterine rupture.
Kuhn sought damages for menopausal symptoms stemming from her hysterectomy, such as loss of bladder control, trouble sleeping, mood swings, vaginal dryness, and hot flashes. She also claimed damages for emotional distress and depression related to these symptoms and her inability to have more children.
Mercy asserted that the treatment its staff gave to Kuhn was not below the standard of care. Mercy's expert testified that Kuhn's uterus ruptured spontaneously because of a weakness in the wall of her uterus.
A jury returned a defense verdict for Mercy. The superior court entered judgment accordingly. Kuhn moved for a new trial, both alleging several erroneous evidentiary rulings by the trial court and asserting that the evidence failed to support the verdict. The trial court denied that motion, and Kuhn filed this appeal.
Her appeal presents two issues:
"1. Did the trial court properly preclude Kuhn from impeaching Nurse Beaudoin with Mercy's disclosure statement?"
"2. Did the trial court err in allowing Mercy to elicit causation opinions from multiple witnesses?"
Mercy filed a cross-appeal presenting a single issue:
"Did the trial court
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