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Ross v. Olson4/20/2005
FOR PUBLICATION
Case Summary
Appellants-Plaintiffs James E. Ross ("Ross") and Beulah M. Ross (collectively, "the Rosses") appeal a judgment in favor of Appellees- Defendants Larry D. Olson, M.D. ("Dr. Olson") and John B. Chambers, M.D. ("Dr. Chambers"), upon the Rosses' medical malpractice claim. We affirm.
Issues
The Rosses present three issues for review:
I. Whether the trial court should have instructed the jury on the doctrine of res ipsa loquitur;
II. Whether the trial court erroneously excluded testimony as to the definition of the term "iatrogenic injury;" and
III. Whether the trial court erroneously excluded Plaintiff's Exhibit 13.
Facts and Procedural History
On June 29, 1999, Dr. Olson, assisted by Dr. Chambers, performed bilateral knee replacement surgery on Ross. During the surgery, an osteotome (surgical chisel) partially severed Ross's left popliteal artery. Frederick Shedd, M.D. ("Dr. Shedd") surgically reconstructed the artery, which he estimated was "90% severed." (App. 12.) Dr. Shedd composed an operative report indicating that the injury was "iatrogenic." (App. 146.)
On June 18, 2001, the Rosses filed their proposed complaint against Drs. Olson and Chambers with the Indiana Department of Insurance. On July 22, 2003, the Medical Review Panel issued an opinion, unanimously opining that Drs. Olson and Chambers did not violate the applicable standard of care.
The case proceeded to trial on January 27, 2004. On January 30, 2004, the jury found in favor of Drs. Olson and Chambers, and the trial court entered judgment accordingly. The Rosses now appeal.
Discussion and Decision
I. Res Ipsa Loquitur
The Rosses contend that the doctrine of res ipsa loquitur applies to their case, and that the trial court should have instructed the jury accordingly. The doctrine of res ipsa loquitur is designed to allow an inference of negligence to be drawn when evidence of causation is lacking. K-Mart v. Gipson, 563 N.E.2d 667, 671 (Ind. Ct. App. 1990). The doctrine may be applied when the plaintiff establishes that the injuring instrumentality was within the exclusive management and control of the defendant and the accident is of the type that does not ordinarily happen if those who have the management and control exercise proper care. Id. at 669.
Medical malpractice actions are similar to other negligence actions, and generally, the fact that an injury occurred will not give rise to a presumption of negligence. Narducci v. Tedrow, 736 N.E.2d 1288, 1292 (Ind. Ct. App. 2000). The plaintiff in a medical malpractice action must prove that the defendant owed him a duty of care, and breached that duty, proximately causing injury to the plaintiff. Id. The physician must exercise the degree of skill and care ordinarily possessed and exercised by a reasonably skillful and careful practitioner under the same or similar circumstances. Id. To establish the applicable standard of care and to show a breach of that standard, a plaintiff must generally offer expert testimony. Id.
Medicine is not an exact science; thus, an inference of negligence will not arise merely because there is a bad result without proof of a negligent act. Id. The doctrine of res ipsa loquitur, meaning "the thing speaks for itself," is an exception to the general rule that the mere fact of injury will not create an inference of negligence. Id. "The doctrine may be invoked in medical malpractice actions when a layman is able to say that as a matter of common knowledge the consequences of the professional treatment are not those which ordin
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