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Bundrick v. Stewart5/2/2005
Concurring: C. Kenneth Grosse, Mary Kay Becker
PUBLISHED OPINION - Motion to Publish Granted June 22, 2005
When a patient consents to treatment but wishes to limit the individuals authorized to participate in her care, she must communicate the limitations of her consent. Lori Bundrick sustained serious injuries during surgery at Swedish Medical Center. Among other claims, Bundrick asserted that a University of Washington medical school resident participated in her surgery without her consent, and therefore committed medical battery. Under the facts presented, we affirm dismissal of this claim.
BACKGROUND
Lori Bundrick had had a tubal ligation to prevent pregnancy. When she and her second husband wished to conceive a child naturally, she attempted to reverse the tubal ligation through a procedure called tubal reanastomosis. Dr. Barry Stewart of Pacific Gynecology Specialists was to perform Bundrick's surgery at Swedish Hospital. Under an affiliation agreement with the University of Washington Medical School, U.W. residents in training are supervised by doctors at Swedish. Dr. Stewart is a member of the University's clinical faculty, and was one of the physicians responsible for supervising residents at Swedish.
About a week before the operation, Bundrick met with Stewart. Stewart told her that a resident would be present during the surgery. According to Bundrick, she asked, 'They are not going to do my surgery, are they?' and Stewart told her, '{N}o, I will do it all. They are just there to observe.' Clerk's Papers at 77.
Bundrick then signed two consent forms. Neither form indicated that a resident would participate in the surgery. One form, however, contains the following broad statement:
VERIFICATION OF MEDICAL CONSENT: I, the undersigned, hereby consent to all medical treatment or hospital services performed or prescribed by/or at the direction of the attending physician, and the administration and performance of any X-ray examinations, laboratory procedures, anesthesia or other procedures which are considered necessary or advisable. I understand that I or my authorized representative have the right to decide whether to accept or refuse medical care. I will ask for any information I want to have about my medical care and will make my wishes known to the attending physicians and hospital staff.
Clerk's Papers at 91 (emphasis added).
Tarun Jain was a third year resident at the medical school. He assisted Stewart during Bundrick's surgery. Jain testified in his deposition that he performed several tasks during the surgery at Stewart's direction and under Stewart's supervision.
During surgery, Stewart concluded Bundrick's fallopian tubes could not be reattached, and after speaking with Bundrick's husband, aborted the reanastomosis. Stewart then discovered a tear in the mesentery lining of Bundrick's bowel, which he and Jain attempted to repair with sutures. The sutures were improperly placed, compromising blood flow to the bowel. This ultimately resulted in massive infection when part of the bowel necrotized and perforated, spilling feculent fluid into the abdominal cavity.
Bundrick suffered extreme pain, several hospitalizations, and two surgeries. She was unable to work in the business she owned with her husband, and they were forced to sell the business.
Bundrick sued Stewart, Pacific Gynecology Specialists, Swedish Medical Center, Swedish Health Services, Swedish Medical Services, the University of Washington, and the State of Washington, alleging injuries resulting from health care under chapter 7.70 RCW. She alleged th
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