Hempel v. Fairview Hospitals & Healthcare Services, Inc.

504 N.W.2d 487, 1993 Minn. App. LEXIS 779, 1993 WL 287295
CourtCourt of Appeals of Minnesota
DecidedAugust 3, 1993
DocketC1-93-248
StatusPublished
Cited by4 cases

This text of 504 N.W.2d 487 (Hempel v. Fairview Hospitals & Healthcare Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hempel v. Fairview Hospitals & Healthcare Services, Inc., 504 N.W.2d 487, 1993 Minn. App. LEXIS 779, 1993 WL 287295 (Mich. Ct. App. 1993).

Opinions

OPINION

DAVIES, Judge.

The parents of a psychiatric patient who died when he suffered cardiac arrest during a psychiatric “take-down” procedure appeal the dismissal of their medical malpractice action; the district court dismissed the action on the basis that the affidavits of experts offered to satisfy Minn.Stat. § 145.682 (1990) were inadequate. The parents also appeal the district court’s grant of summary judgment on their claims of negligent and intentional infliction of emotional distress. We affirm in part, reverse in part, and remand the malpractice claim.

FACTS

Thirty-year-old Bruce Hempel had a ten-year history of psychiatric disorders, including schizophrenia. On December 10, 1989, Hempel, accompanied by his parents, voluntarily checked into the Fairview Riverside Hospital (“Riverside”) psychiatric unit. During the admission procedure, when Riverside staff would not allow him to smoke, Hempel, who weighed 300 pounds, became upset and announced he was leaving.

Riverside staff called a team of psychiatric attendants who, to control Hempel’s behavior and avert any danger to staff or others, conducted a “take-down” procedure. In the process, Hempel’s sweatshirt was pulled up over his head and he was held face down to the floor by approximate[490]*490ly eight attendants. During the take-down, Hempel suffered cardiac arrest and died.

Hempel’s parents (“the Hempels”) contend they heard him apologize and ask for help during the take-down. They tried to assist him, but were restrained by Riverside staff and eventually were forced to leave the room.

An autopsy revealed no specific trauma or cause of the cardiac arrest. A cardiological autopsy, performed by a cardiology specialist, revealed that Hempel had a 60 percent narrowing of the right coronary artery, a condition that increases the risk of sudden death by cardiac arrest.

The Hempels brought an action against Riverside alleging medical malpractice, assault, battery, false imprisonment, and intentional and negligent infliction of emotional distress. To satisfy the medical malpractice affidavit requirement of Minn.Stat. § 145.682 (Supp.1991), the Hempels filed the affidavits of John McCullough, a psychiatric assistant, and Dr. Garry Peterson, the medical examiner who signed the death certificate.

Riverside moved for dismissal of the medical malpractice claim, contending the affidavits did not satisfy the statute, and for summary judgment on the other claims. The district court granted Riverside’s motion in all respects. It found that: McCullough was unqualified as an expert; the affidavits failed to establish causation; the assault, battery, and false imprisonment claims did not survive Bruce Hempel’s death; and the Hempels’ allegations did not support their emotional distress claims.

The Hempels appeal the dismissal of their malpractice and emotional distress claims.

ISSUES

I. Did the experts’ affidavits satisfy Minn.Stat. § 145.682, subd. 2(2) (1990)?

II. Did the district court err in granting summary judgment on the negligent infliction of emotional distress claim?

III.Did the district court err in granting summary judgment on the intentional infliction of emotional distress claim?

ANALYSIS

I.

Within 180 days of commencing a medical malpractice action, the plaintiff must serve upon the defendant an affidavit stating the identity of experts to be called at trial, and

the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

Minn.Stat. § 145.682, subds. 2(2), 4 (1990). Properly filed answers to interrogatories may be substituted for the affidavit. Minn.Stat. § 145.682, subd. 4. Failure to comply with the statute requires mandatory dismissal with prejudice. Minn.Stat. § 145.682, subd. 6 (1990). A trial court’s dismissal of an action under section 145.682 will not be reversed absent an abuse of discretion. Sorenson v. St. Paul Ramsey Medical Ctr., 457 N.W.2d 188, 190 (Minn.1990).

Section 145.682, subdivision 2(2), has been interpreted as requiring plaintiffs to provide fairly detailed information about their experts’ expected testimony. The affidavits must set out the standard of care, the acts allegedly violating that standard, and an outline of the chain of causation. Sorenson, 457 N.W.2d at 193. The affidavit is expected to set out how the expert will use the facts of the case to arrive at an opinion of malpractice and causation. Id. at 192.

The exclusion of expert testimony lies within the trial court’s broad discretion. Benson v. Northern Gopher Enterprises, 455 N.W.2d 444, 445-46 (Minn.1990); Reinhardt v. Colton, 337 N.W.2d 88, 93 (Minn.1983). We will reverse the trial court’s ruling only where it is based on an erroneous view of the law or constitutes an abuse of discretion. Benson, 455 N.W.2d at 445-46; Reinhardt, 337 N.W.2d at 93.

[491]*491The district court first concluded that expert John McCullough, the psychiatric assistant who testified about the standard of care and breach of that standard, was unqualified. To qualify as an expert in a medical malpractice case, a person must have sufficient scientific and practical experience with the subject matter of the offered testimony. Cornfeldt v. Tongen, 262 N.W.2d 684, 693 (Minn.1977). Lack of a license to practice medicine does not preclude expert status in a medical malpractice action if the expert is otherwise competent to testify under the above standard. Id. at 696-97.

The court disqualified McCullough because

he lacks basic educational and professional training, as well as the practical knowledge of how employees of psychiatric facilities customarily behave when confronted with circumstances similar to those faced by this defendant.

It further found that McCullough

has no medical background with which to buttress his contention that more effective monitoring of Bruce Hempel during the take-down procedure was either required to meet a standard, or that the procedure followed by defendant’s agents represents a departure from that standard.

McCullough has a B.A. in psychology, currently works in the health care field, has conducted and trained others to conduct take-down procedures, and has worked as a psychiatric assistant at Metropolitan Medical Center. In his affidavit, McCullough concluded that Riverside deviated from the standard of care for monitoring patients during and after take-down procedures by failing to “communicate with the patient” and by failing to “provide assurance to the patient through a team leader.” He also concluded that placing Bruce Hempel’s sweatshirt over his head during the take-down was a deviation from the standard of care.

We find the district court abused its discretion in ruling that McCullough was not qualified as an expert.

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Hempel v. Fairview Hospitals & Healthcare Services, Inc.
504 N.W.2d 487 (Court of Appeals of Minnesota, 1993)

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504 N.W.2d 487, 1993 Minn. App. LEXIS 779, 1993 WL 287295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hempel-v-fairview-hospitals-healthcare-services-inc-minnctapp-1993.