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Clancy v. Euclid Gen. Hosp.12/4/1989
NAHRA, Judge.
Plaintiffs are appealing the order of the trial court granting summary judgment in favor of defendants Euclid General Hospital, Dr. Robert L. Hinnes, and Euclid Clinic and Research Foundation, Inc. Plaintiffs contend issues of material fact exist as to causation according to the experts' testimony in their medical negligence/wrongful death claim. Because we agree with respect to Euclid General Hospital, we are reversing in part the summary judgment decision of the trial court and remanding this case for further proceedings. With respect to Dr. Hinnes and Euclid Clinic, we affirm the judgment below.
At 4:45 p.m. on January 6, 1986, Diane Clancy was admitted to Euclid General Hospital in labor. Dr. Hinnes, an employee of Euclid Clinic and Research Foundation, Inc., was the obstetrician/gynecologist on call for the Euclid Clinic and was notified of Mrs. Clancy's admission. Standing orders of the hospital required a blood test be performed on admittants. Mrs. Clancy's blood test was a "stat" order which required processing and reporting as soon as possible, ideally within thirty minutes to one hour. Blood was drawn from Mrs. Clancy at about 6:20 p.m. and testing was completed at 8:51 p.m.
At about 9:00 p.m., Dr. Hinnes requested the laboratory results and discussed the patient's status with a nurse. Mrs. Clancy's vital signs and progress were reported as satisfactory. At 8:30 p.m., Mrs. Clancy's temperature had risen one-half of one degree Centigrade to 37.5 from the time of her admission. Dr. Hinnes was informed lab results were not yet available.
At 10:00 p.m., Dr. Hinnes was notified again of the patient's progress.
At 11:30 p.m., Dr. Hinnes was notified that Mrs. Clancy's white blood cell count was elevated at 26,400. Her temperature had risen to 38 degrees Centigrade from the last reading at 8:30 p.m. and her pulse was 104. At 11:55 p.m., Mrs. Clancy was leaking fluid and Dr. Hinnes and Dr. Geiger, an anesthesiologist, were notified. At 12:20 a.m., Dr. Geiger administered an epidural anesthetic and, at 12:30 a.m., Dr. Hinnes examined Mrs. Clancy. Dr. Hinnes then artificially ruptured the placental membranes and observed the amniotic fluid to be slightly meconium stained.
At 2:08 a.m., Mrs. Clancy's baby boy was stillborn. He died of acute chorioamnionitis, an inflammation resulting from an infection of the amniotic sac. Mrs. Clancy was treated for septic shock and DIC. By 4:30 a.m. her vital signs had stabilized. After Mrs. Clancy was transferred to the Intensive Care Unit at 7:00 a.m., Dr. Hinnes was no longer actively involved in her care.
Mrs. Clancy, individually and as administratrix of the estate of Baby Boy Benjamin Raymond Clancy, and her husband filed suit alleging, inter alia, that Dr. Hinnes failed to timely monitor, diagnose and properly treat Diane Clancy's infection and that Euclid General Hospital's staff members, technicians and nurses failed to timely communicate the results of all lab tests, physical exams and status of Mrs. Clancy's vital signs, all resulting in the death of her son. The defendants moved for summary judgment. In support of its motion, Euclid General Hospital attached excerpts from the depositions of Dr. Hinnes, Dr. W. David Hager and Dr. James R. Dingfelder, an affidavit of Dr. Michael T. Gyves and an opinion letter from Dr. Gyves. In opposition plaintiffs supplied hospital records and excerpts from the depositions of Drs. Dingfelder, Hager and Hinnes, nurse Diane Sanders and lab technician Joanne Urbancic. Dr. Hinnes and the Euclid Clinic attached the deposition testimony of Dr. Hager, excerpts from the deposition of Dr. Dingfelder, and the affid
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