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Broehm v. Rochester1/20/2005
for good cause shown.
Minn. Stat. § 145.682, subd. 4(c) (2004) (emphasis added).
On January 11, 2002, Broehm and Mayo stipulated to the extension of a number of deadlines, including changing the deadline for designating expert witnesses from February 8 to April 8 on the condition "that Plaintiff must comply with the deadline in Minn. Stat. § 145.682, subd. 2(2) unless such deadline is extended by agreement of the parties or by leave of court as provided by Minn. Stat. § 145.682, subd. 4(b)."
Both the law and the facts of this case raise significant questions as to how the parties are to proceed upon remand. Nevertheless, I believe that it is imprudent for us to render any opinion, either explicit or implicit, on any other provisions of section 145.682 because no issue relating to the interplay of those provisions is properly before us. Accordingly, I would have the court's opinion state explicitly that these other issues are not being addressed by the court.
CONCURRENCE
PAGE, Justice (concurring).
I concur in the court's analysis and the result reached with respect to a nurse's qualifications to offer an expert opinion with respect to a duty to inspect for skin integrity and with respect to Broehm's nursing malpractice theory. What is not clear to me is why the construction (in the sense of how it was put in place and not how it was designed) of the restraint here, which the court concedes has the "essential characteristics of a dressing," does not fall within Broehm's nursing malpractice theory given that a nurse is often the one applying or changing dressings. It is also not clear to me why Wick is not qualified to offer an expert opinion regarding necrosis of the skin resulting from the application of the restraint at issue here. It seems to me that nurses are uniquely qualified to offer expert testimony regarding necrosis resulting from the application of such a dressing. Finally, it is not clear to me why any expert opinion is necessary with respect to the doctor's duty to construct a restraint that does not cause injury .
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