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Clancy v. Euclid Gen. Hosp.12/4/1989
lleged time - failure to timely report the white blood count elevation, and to report the elevations in the patient's pulse rate, do you have an opinion as to whether or not those deviations from the standard of care were the approximate cause, to a reasonable degree of medical certainty and probability, of the stillbirth of the Clancy fetus?
"A. Yes, I believe they were.
"Q. Why?
"A. Well, I think they-these laboratory reports and the elevation in pulse rate were significant clues that the lady had choriamnionitis, which if it had been detected in time, more likely than not, they could-could have intervened, placed the lady on antibiotics and saved the fetus as well as the mother from as much morbidity as she had."
The trial court's analysis focused on 11:30 p.m., the time the test results were reported, to determine whether antibiotic treatment could have been effective if given at that time. This analysis appears to vindicate Dr. Hinne's course of action only. It does not account for what would have happened if the test results were reported as soon as possible by Euclid General's personnel. An issue of fact as to proximate cause remains in this regard pursuant to the conflicting expert testimony of Dr. Gyves and Drs. Hager and Dingfelder. Accordingly, this assignment of error is sustained in part and overruled in part.
The judgment of the trial court is affirmed as to Dr. Hinnes and the Euclid Clinic and reversed and remanded for further proceedings as to Euclid General Hospital.
Judgment affirmed in part, reversed in part, and cause remanded.
JOHN V. CORRIGAN, P.J., and STILLMAN, J., concur.
SAUL G. STILLMAN, J., retired, of the Eighth Appellate District, sitting by assignment.
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