 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mullins v. Parkview Hospital6/30/2005
FOR PUBLICATION
Appellants-plaintiffs W. Ruth Mullins (Ruth) and her husband, Johnce Mullins, Jr. (collectively, the Mullinses), appeal from the trial court's summary judgment order in favor of appellees-defendants Parkview Hospital, Inc. (Parkview), Preferred Anesthesia Consultants, P.C., Kathryn B. Carboneau, M.D., University of St. Francis of Fort Wayne, Indiana, Inc. (St. Francis), Larea VanHoey, Fort Wayne OB/GYN Consultants, LLC, and Marvin E. Eastlund, M.D. Specifically, the Mullinses contend that the trial court erred in: (1) failing to find that VanHoey committed a battery upon Ruth; (2) finding that expert testimony was necessary regarding the issue of informed consent; (3) finding that the Mullinses were required to prove that a lacerated esophagus was not a possible complication of surgery; (4) finding that the contractual agreements between Parkview and St. Francis did not establish their mutual liability to the Mullinses; and (5) deeming admitted certain of the Mullinses' responses to requests for admission. Finding, among other things, that the Mullinses have stated claims for battery against VanHoey and Drs. Eastlund and Carboneau and their respective employers, we affirm in part and reverse in part.
FACTS
Ruth entered Parkview, a teaching hospital, on December 4, 2000, for hysterectomy surgery to be performed by her physician, Dr. Eastlund. On November 14, 2000, Ruth and Dr. Eastlund met to discuss the surgery. Ruth explained to Dr. Eastlund that she was a very private person and did not want any individuals in the operating room other than absolutely necessary medical personnel. She also refused to agree to any pictures or videotapes being taken of her surgery. Ruth later met with one of Dr. Eastlund's nurses to sign his informed consent form, and she crossed out and refused to consent to the following paragraphs:
I consent to the presence of healthcare learners.
I consent to the photography or videotaping of the surgical, diagnostic, and/or medical procedure to be performed providing my name and identity is not revealed.
Appellant's App. p. 352.
On the day of her surgery, Ruth met with her anesthesiologist, Dr. Carboneau, before the procedure had begun. According to Ruth, she asked Dr. Carboneau if she would personally be handling the anesthetic procedures, and the doctor answered, "Yes." Appellants' App. p. 352. Dr. Carboneau denies ever telling Ruth that she "would be personally performing each separate task leading up to and involved during the administration of anesthesia agents." Carboneau's Br. p. 3. Ruth signed Dr. Carboneau's consent form, which stated that only Dr. Carboneau "or a physician privileged to practice anesthesia" would administer anesthesia to Ruth. Appellants' App. p. 357. Dr. Carboneau's consent form does not mention the presence or participation of learners, and she admits that during their meeting, she never mentioned that possibility to Ruth.
Ruth was under sedation and unconscious when VanHoey, a student studying for certification as an emergency medical technician (EMT) at St. Francis, entered the surgical room. As a part of her certification program, VanHoey was required to successfully complete several intubations on living patients. Although VanHoey had previously practiced the procedure on mannequins, the day of Ruth's surgery was the first time that VanHoey had ever attempted live intubations.
St. Francis and Parkview had contracted with each other for St. Francis students to be trained in various medical procedures, including intubations, while under the supervision of a Parkview employee. Per their agreement, St. Francis provided medical mal
Page 1 2 3 4 5 6 7 8 9 10 11 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|