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Rechenbach v. Haftkowycz1/30/1995
NAHRA, Chief Justice.
In this medical malpractice action, defendant-appellant Erast J. Haftkowycz, M.D., appeals in App. No. 66858 from the jury verdict/in favor of plaintiffs-appellees Robin and Thomas Rechenbach on their complaint. Appellees also filed an appeal from the denial of prejudgment interest which was designated App. No. 66806; however, appellees have not presented any arguments supporting this appeal and it is therefore dismissed pursuant to Loc.App.R. 6(6). The facts relevant to defendants appeal follow.
Robin Rechenbach ("appellee") became a patient of appellant, an obstetrician and gynecologist, in 1989 after she became pregnant with her third child. Appellant monitored appellee's pregnancy; his partner delivered appellee's babsin January 1990. On February 27, 1990, appellee came to appellant's office for her six-week postpartum check-up. At that time appellant administered a PAP test to check for any abnormality in the cervical cells.
A few days later, appellant telephoned appellee with the results of the PAP test. He told her the test indicated that some moderate dysplasia, that is, abnormality of the cells, was present in the cervix. Appellant informed appellee of the types of treatment available for the condition but recommended she undergo a biopsy before taking further action. Appellee agreed.
On March 26, 1990, appellant performed a cone biopsy on appellee. Before they left the hospital on that day, appellant spoke to appellee and Mr. Rechenbach concerning the results of the biopsy. At that meeting, appellant recommended the treatment of appellee's dysplasia with a surgical procedure called laser ablation. During this treatment, the abnormal cells of the cervix would be "burned" away with a beam of intense light. Appellant recommended the surgery be done as soon as possible; therefore, while appellee was still at the hospital, the surgery was scheduled for April 19. On the same occasion, appellee was also scheduled for pre-admission testing ("P.A.T.") to be done by the hospital staff on April 17.
Appellee appeared at the hospital on April 17 as arranged. The P.A.T. was performed and included a pregnancy test. However, appellee could not undergo the April 19 surgery as arranged since she discovered she was menstruating. In consultation with appellant's office staff, appellee's surgery was rescheduled for May 3.
On April 26, appellee telephoned appellant's office to notify him that her baby would have to undergo cranial surgery. She requested her own surgery be postponed. Eventually, appellee's laser ablation surgery was scheduled for the afternoon of June 7, 1990. Appellee's P.A.T. was to be done in the morning of the same day. This time, the P.A.T. did not include a pregnancy test. Although appellant reviewed the P.A.T. prior to commencing surgery on appellee, he did not notice the absence of that particular test. He performed the laser ablation surgery as scheduled.
Following the procedure, which was successful at removing the abnormal cells, appellant told Mr. Rechenbach that appellee might experience some mild cramping or bleeding as a result of the operation. Appellee returned home that same day.
However, while she experienced some cramping and bleeding the day after her surgery, by the following morning, the heavy flow and the odd appearance of the blood alarmed appellee. Appellee thought she might be pregnant; she therefore caused Mr. Rechenbach to obtain a home pregnancy test for her. The results osthat test confirmed her suspicions. She telephoned appellant's office in the early afternoon to inform appellant of both the heavy discharge and the results o
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