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WILSON v. HAYES12/19/1990
[464 NW2d Page 252]
Two doctors brought suit against an attorney alleging malicious prosecution and abuse of process. The claims arose out of a medical malpractice action that the attorney brought against the doctors on behalf of his client. The client claimed that the doctors' negligence resulted in his wife's death. The underlying malpractice suit was eventually disposed of without trial, and this action followed.
After a bench trial the district court dismissed the doctors' petition. The court found that the doctors had not established either claim. We affirm.
I. Background Facts and Proceedings.
The district court made detailed findings of facts, all of which we find were supported by the evidence. These facts include the following.
A. The Principals.
Dr. Michael Wilson, an orthopedic surgeon, was in private practice in Burlington, Iowa, at the time the medical malpractice action began. He was a shareholder and an employee of Orthopedic & Reconstructive Surgery Associates, P.C. He practiced in Burlington from 1979 to 1985.
Michael graduated from the University of Iowa Medical School in 1975. After completing medical school, Michael entered a four-year orthopedic residency at Mayo Clinic. After Michael finished his residency, he relocated to Burlington where he entered private practice.
Dr. Kathleen Wilson, an internist and a gastroenterologist, was also in private practice in Burlington when the medical malpractice suit began. Kathleen was a [464 NW2d Page 253]
sole practitioner. She is also a graduate of the University of Iowa Medical School. Kathleen completed a three-year residency in internal medicine at Mayo Clinic. Following the residency, Kathleen completed a two-year fellowship in gastroenterology at Mayo. She then moved to Burlington and began her private practice.
Michael and Kathleen are married and were married at the time the medical malpractice suits began. Although the Wilsons had separate practices, they did refer patients to each other.
James P. Hayes is an Iowa City attorney. Hayes represented Namen Rashid in the medical malpractice action that Namen brought against the Wilsons.
Namen is a resident of Fort Madison. Namen brought the medical malpractice action against the Wilsons as the executor of the estate of his deceased wife, Ellen. Before Namen brought the suit, he was Kathleen's patient.
Ellen Rashid had never been Kathleen's patient. But Ellen had been Michael's patient from December 1982 to January 1983.
The Rashids had two adult children, Terry and Carol. Both children consulted with Hayes and Namen about the medical malpractice suit.
B. The medical malpractice lawsuit.
On July 8, 1983, Ellen was involved in an automobile accident. She was taken from the scene of the accident to the emergency room at Fort Madison Community Hospital. At the hospital Ellen complained of pain in her right ankle as well as general body aches. Dr. James Kannenburg examined and treated Ellen in the emergency room. The emergency room medical records note that Ellen had been in an automobile accident and that she had possibly hit her head and lost consciousness.
X-rays taken of Ellen's ankle showed no evidence of a fracture, dislocation, or any pathology involving the bones of the ankle. Ellen was released from the hospital shortly after her arrival with no significant medical instructions.
Even though the hospital x-rays showed no sign of significant injury, Ellen still experienced pain and discomfort in her right ankle from July 8 to July 12. Because
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