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Guffey v. Columbia/Colleton Regional Hospital4/25/2005
UR FOLLOW-UP INSTRUCTIONS! Call Dr. Hiott [Decedent's family doctor] in 2 days if not much better. Call sooner if worsening." This document was admitted into evidence.
At the close of appellant's case, Hospital moved for a directed verdict on the allegation that Hospital was negligent in giving these aftercare instructions which conflicted with Dr. King's instructions to contact the cardiologist in the morning. The trial judge found appellant had presented no evidence the discrepancy in instructions was the proximate cause of Decedent's death and granted the motion.
A directed verdict should be granted where the evidence raises no issue for the jury as to the defendant's liability. Roberts v. Hunter, 310 S.C. 364, 426 S.E.2d 797 (1993). On review, we will affirm a directed verdict where there is no evidence on any one element of the alleged cause of action. First State Savings and Loan v. Phelps, 299 S.C. 441, 385 S.E.2d 821 (1989). In a medical malpractice action, the plaintiff must establish proximate cause as well as the negligence of the physician. Ellis v. Oliver, 323 S.C. 121, 473 S.E.2d 793 (1996).
There is no evidence Decedent relied on Hospital's aftercare instructions and for this reason did not call his cardiologist. Further, the record contains no expert testimony Decedent's death could have been prevented had he seen his cardiologist the next morning. See Bramlette v. Charter-Medical-Columbia, 302 S.C. 68, 393 S.E.2d 914 (1990) (expert testimony is required to establish proximate cause in a medical malpractice case if outside the common knowledge or experience of laypersons); Green v. Lilliewood, 272 S.C. 186, 249 S.E.2d 910 (1978) (medical malpractice plaintiff relying on expert testimony must introduce evidence that defendant's negligence most probably resulted in the injuries alleged). Because there is no evidence the conflicting discharge instructions proximately caused Decedent's death, the trial judge properly granted a directed verdict on this allegation of negligence.
2. Exclusion of Evidence
Hospital moved to strike the "Aftercare Instructions," along with evidence of Hospital's internal policies regarding discharge instructions, after withdrawing comparative negligence as a defense. In light of counsel's assurance comparative negligence would not be argued to the jury, the trial judge found the contested evidence irrelevant and granted the motion to strike.
We find no error. When the directed verdict on the issue of Hospital's negligence for conflicting instructions was properly granted, this evidence became irrelevant. Comparative negligence was not argued in closing nor submitted to the jury. Because there was no issue of Decedent's negligence that might be explained by an inference he followed these instructions, there was no prejudice from the exclusion of this evidence. The exclusion of evidence that is not relevant to some matter in issue cannot be prejudicial. See Otis Elevator, Inc. v. Hardin Const. Co. Group, Inc., 316 S.C. 292, 450 S.E.2d 41 (1994) (no error in the exclusion of evidence absent a showing of prejudice).
CONCLUSION
Appellant's remaining issues are without merit and we affirm pursuant to Rule 220(b), SCACR. See Issue 2: Green v. Lilliewood, 272 S.C. 186, 249 S.E.2d 910 (1978) (medical malpractice plaintiff relying on expert testimony must introduce evidence that defendant's negligence most probably resulted in the injuries alleged); Issue 4: Keaton ex rel. Foster v. Greenville Hosp. System, 334 S.C. 488, 514 S.E.2d 570 (1999) (jury charge correct if when read as whole, charge contains correct definition and adequately covers law); see also State v. Smith, 315 S.C. 547
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