Clarian Health Partners, Inc. v. Wagler

925 N.E.2d 388, 2010 Ind. App. LEXIS 522, 2010 WL 1233514
CourtIndiana Court of Appeals
DecidedMarch 31, 2010
Docket49A02-0907-CV-598
StatusPublished
Cited by14 cases

This text of 925 N.E.2d 388 (Clarian Health Partners, Inc. v. Wagler) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clarian Health Partners, Inc. v. Wagler, 925 N.E.2d 388, 2010 Ind. App. LEXIS 522, 2010 WL 1233514 (Ind. Ct. App. 2010).

Opinion

OPINION

BROWN, Judge.

Clarian Health Partners, Inc. f/k/a Methodist Hospital ("Clarian") appeals the trial court's denial of its motion for summary judgment. Clarian raises two issues, which we consolidate and restate as whether the trial court erred by denying Clari-an's motion for summary judgment. We reverse.

*390 The relevant facts follow. 1 On February 26, 2008, Natalie Wagler was admitted to Clarian to undergo open heart surgery to repair a valve in her heart. Dr. Thomas Wozniak informed Wagler's parents that a complication arose during the surgery and that Wagler's femoral artery was compromised. On February 27, 2008, Wagler was rushed into an emergency surgery where a fasciotomy was performed.

On March 3, 2004, Wagler filed a proposed complaint against Dr. Wozniak and Clarian 2 and pursued her claims against them with the Indiana Department of Insurance. On May 9, 2007, a medical review panel found:

A majority of the panel is of the opinion that the evidence supports the conclusion that [Clarian] failed to comply with the appropriate standard of care, but that it cannot be determined from the evidence whether its conduct was a factor of any resulting damage. Dr. Cefali[ 3 ] is of the opinion that the evidence does not support the conclusion that [Clarian] failed to meet the applicable standard of care, and that its conduct was not a factor of the resultant damages.

Appellant's Appendix at 44.

On June 5, 2007, Wagler filed a motion for leave to file her first amended complaint, which the trial court granted the next day. In Wagler's first amended complaint, she alleged that she complained of severe leg pain and neither Dr. Wozniak nor the Clarian staff appropriately monitored her after her complaints of leg pain. Wagler alleged that she had five additional surgeries to her leg and now suffers from a "permanent leg deformity" and "permanent left foot drop," and may have to undergo additional surgeries in the future. Id. at 80.

On June 19, 2007, Clarian filed a motion for summary judgment and designated the opinion of the medical review panel. Cla-rian argued that Wagler failed to provide any supportive evidence or expert opinion to support the claim of medical malpractice. In response, Wagler designated the opinion of the medical review panel and the affidavit of Tina Little, a licensed nurse in Illinois and Missouri. Little's affidavit indicated that Clarian's nursing staff breached the standard of care and that this breach was a substantial factor in causing injury and damage to Wagler.

On June 17, 2008, Clarian filed a Motion to Strike Plaintiff's Nurse's Testimony Regarding Causation. Clarian also filed a Designation of Additional Evidence and designated portions of Dr. Wozniak's deposition. After a hearing, the trial court denied Clarian's motion for summary judgment. The trial court's order stated in part:

If medical expert opinion is not in conflict regarding whether the physician's conduct met the requisite standard of care, there are no genuine triable issues. Marquis v. Battersby [443 N.E.2d 1202, 1203 (Ind.Ct.App.1982)]; Simms v. Schweikher [651 N.E.2d 348, 350 (Ind.Ct.App.1995), trans. denied].
*391 Moreover, where there is a unanimous medical review panel determination favoring the defendant and no countervailing expert opinion, the defendant is entitled to judgment as a matter of law. McGee v. Bonaventura [605 N.E.2d 792, 794 (Ind.Ct.App.1993)]. Likewise, a unanimous panel finding the doctor's conduct did not cause the harm may provide summary judgment for the doe-tor if a counter opinion is not submitted. Etienne v. Caputi [679 N.E.2d 922, 923 (Ind.Ct.App.1997]); Marquis v. Battersby, supra. (as indicated in Randolph County Hosp. v. Livingston [650 N.E.2d 1215, 1218 n. 2 (Ind.Ct.App.1995)), reh'g denied, trans. denied].
Other Indiana cases also suggest that summary judgment on medical causation is only allowed upon unanimous medical review panel opinions. Hoskins v. Sharp [, 629 N.E.2d 1271 (Ind.Ct.App.1994)] (unanimous opinion for plaintiff on standard of care with crossed out other available opinions, including causation, is insufficient for summary judgment on causation); Bunch v. Tiwari [, 711 N.E.2d 844, 847 (Ind.Ct.App.1999)] (unanimous opinion for doctor on causation, but finding issue of fact on standard of care, is sufficient for summary judgment on causation).
# * * * * #
Under Indiana law, Clarian has the affirmative burden to put forth a medical review panel opinion that finds for [Clarian] on causation. The Opinion here does not meet that burden. 4 First of all, the Opinion itself is not unanimous, and therefore is counter to the cases demonstrating a lack of dispute about the triable issue of causation. Etienne v. Caputi, supra.; Marquis v. Battersby, supra.; Simms v. Schweikher, supra.; McGee v. Bonaventura, supra. Secondly, Clarian seems to rely on a single panel member opinion by itself, instead of submitting a separate affidavit, like Morton v. Moss, [694 N.E.2d 1148 (Ind.Ct.App.1998)]. Summary judgment is available only if Clarian can clearly show unequivocal expert medical testimony about causation. The record shows inconclusive expert testimony about causation in the Opinion, which is accordingly insufficient for summary judgment. The Opinion should be construed like Sawlani v. Mills, [830 N.E.2d 932 (Ind.Ct.App.2005), trans. denied], that is, finding a breach of the standard of care, but no determination whether Natalie was damaged as a result. Accordingly, Clarian fails to meet its burden, and summary judgment is precluded.
Further consideration of the nurse affidavit is moot, but the Court also finds Indiana law to be contradictory and inconclusive regarding expert testimony from nurses. Therefore, the policy and purpose of summary judgment also precludes summary judgment on this ground.

Id. at 19-21.

Upon Clarian's request, the trial court certified the order for interlocutory appeal. Thereafter, we accepted jurisdiction of the interlocutory appeal pursuant to Ind. Appellate Rule 14(B).

*392 The issue is whether the trial court erred by denying Clarian's motion for summary judgment. Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); Mangold ex rel. Mangold v. Ind. Dep't of Natural Res., 756 N.E.2d 970, 973 (Ind.2001).

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925 N.E.2d 388, 2010 Ind. App. LEXIS 522, 2010 WL 1233514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarian-health-partners-inc-v-wagler-indctapp-2010.