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Syfu v. Quinn5/5/2005
FOR PUBLICATION
STATEMENT OF THE CASE
Appellant-Defendant, J. Syfu, M.D. (Dr. Syfu), appeals the trial court's denial of his Motion for Summary Judgment.
We reverse and remand.
ISSUE
Dr. Syfu raises one issue on appeal, which we restate as follows: whether the trial court erred in denying his Motion for Summary Judgment.
FACTS AND PROCEDURAL HISTORY
On October 31, 2000, Richard O. Oni, M.D. (Dr. Oni) performed a laminectomy and spinal fusion on Tammy Quinn (Quinn) at Methodist Hospital in Merrillville, Indiana. During the surgery, Dr. Syfu served as the anesthesiologist. In preparation for surgery, Dr. Syfu placed Quinn in the prone position, lying on her stomach. Dr. Syfu then put an Opti-Gard eye protector (the Opti-Gard) on Quinn to protect her eyes from injury while under general anesthesia. The Opti-Gard is essentially a pair of goggles that are affixed to the face with an adhesive. After Dr. Syfu placed the Opti-Gard on Quinn, he placed her head on a foam pad while tilting her head to one side to allow her to breathe through an endotracheal tube. During the eight-hour surgery, Dr. Syfu lifted Quinn's face off of the foam pillow every half hour to forty-five minutes to relieve any pressure that the Opti-Gard may have put on her face. Failure to properly elevate a patient's head during a prone surgery could cause pressure damage to the face.
After the surgery, Dr. Syfu removed the Opti-Gard from Quinn's eyes. Upon removal, a skin wound was detected around Quinn's left eye socket where the Opti-Gard had been affixed. Dr. Oni described the wound as "mild scarring in the periorbital region around her eye." (Appellant's Appendix p. 119).
On May 31, 2001, Quinn filed a proposed complaint with the Indiana Department of Insurance alleging medical malpractice against Dr. Oni, Dr. Syfu, and Methodist Hospitals, Inc. (Methodist). Before the medical review panel (the Panel) rendered its opinion, Quinn filed a complaint for damages in the Lake Circuit Court against Dr. Oni, Dr. Syfu, and Methodist on June 30, 2003. Thereafter, on July 23, 2003, the Panel rendered its opinion unanimously in favor of Dr. Oni, Dr. Syfu, and Methodist.
On August 22, August 26, and November 10, 2003, Dr. Syfu, Dr. Oni, and Methodist, respectively, filed their Motions for Summary Judgment. The trial court scheduled a hearing for all three motions to be held on May 5, 2004. However, prior to the hearing, Quinn agreed to the entry of summary judgment in favor of Dr. Oni and Methodist. Subsequently, on May 5, 2004, after entering summary judgment in favor of Dr. Oni and Methodist, the trial court held a hearing on Dr. Syfu's Motion for Summary Judgment. After taking the matter under advisement, the trial court denied Dr. Syfu's Motion for Summary Judgment on June 11, 2004.
Dr. Syfu now appeals by interlocutory order. Additional facts will be provided as necessary.
DISCUSSION AND DECISION
I. Standard of Review
In reviewing a decision of a motion for summary judgment, we apply the same standard as the trial court. Boston v. GYN, Ltd., 785 N.E.2d 1187, 1190 (Ind. Ct. App. 2003), trans. denied. The moving party bears the burden of showing prima facia that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law. Id. Once this burden has been met, the nonmoving party must respond by setting forth specific facts demonstrating a genuine need for trial, and cannot rest upon the allegations or denials in the pleadings. Id. We review only the designated evidentiary material in the record, construing that evidence liberall
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