Hoven v. Rice Memorial Hospital

386 N.W.2d 752
CourtCourt of Appeals of Minnesota
DecidedJuly 16, 1986
DocketCO-85-2091
StatusPublished
Cited by3 cases

This text of 386 N.W.2d 752 (Hoven v. Rice Memorial Hospital) 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
Hoven v. Rice Memorial Hospital, 386 N.W.2d 752 (Mich. Ct. App. 1986).

Opinions

OPINION

LESLIE, Judge.

Appellant brought suit against surgeon, anesthesiologist, hospital and nurses for injuries allegedly sustained during surgery. This appeal follows a directed verdict for the defendants. We reverse.

FACTS

On January 5, 1982, appellant Garold Ho-ven had a hernia operation performed by respondent Dr. Gordon J. Bos at respondent Rice Memorial Hospital. Respondent Dr. J.R. Krause was the anesthesiologist, Edward Miller was the nurse anesthetist, and Corlis Knapper was the nurse assisting Dr. Bos during the operation.

Prior to the operation, appellant had no problems with his arms, but after the operation his arms were numb. Appellant, his wife, and his son all testified that shortly after the operation appellant told Dr. Bos and a nurse that his hands were numb, and that Dr. Bos told him not to worry because the numbness would go away. Respondents deny being informed of the numbness until almost three weeks after appellant left the hospital.

Approximately three weeks after his release, appellant saw Dr. Bruce Wilson and complained about numbness in his arms. Dr. Wilson is a general surgeon who has performed numerous hernia operations. After examining appellant, Dr. Wilson concluded that he had a compression injury of his ulnar nerves which caused discomfort, tingling and pain. He testified that such an injury can occur if a patient’s arms are improperly positioned while the patient is unconscious. Based on appellant’s assertion that the discomfort began immediately after the surgery, Dr. Wilson testified that the injury occurred either in the operating room or in the recovery room before appellant recovered from the anesthesia. Dr. Wilson testified that this occurred while appellant was completely under the respondents’ control and that the injury was not due to any of appellant’s voluntary acts. The doctor also stated that such an injury should not ordinarily occur if proper procedures are used.

On cross-examination, Dr. Wilson admitted that he had no personal knowledge that appellant began feeling discomfort immediately after the operation and that nerve damage could be caused by other means. He further admitted that he had no knowledge of the procedures taken during the operation. He acknowledged that it is possible for a patient to receive nerve damage even if the surgical team used reasonable care but he felt that this would be highly unlikely.

About a month and one-half after appellant’s release from the hospital, he visited Dr. Dwight Jaeger, an orthopedic surgeon. Based on appellant’s assertions that discomfort began immediately after the surgery, Dr. Jaeger also felt that the nerves were damaged during surgery or shortly thereafter. Dr. Jaeger performed surgery on appellant to relieve his pain.

On cross-examination, Dr. Jaeger also admitted that nerve damage can occur in other ways. He further admitted that even if proper methods of protection are taken, a patient may develop some ulnar nerve compression. On redirect examination he stated that it is not the normal and usual expectation for these injuries to occur if proper procedures are employed.

Respondent Dr. Bos also testified. He stated that he did not remember every detail of the operation but his records showed that it went as usual. He also stated that neither his records nor the nurses’ records showed that appellant had complained of discomfort after the surgery. Because these records normally note such complaints, Dr. Bos testified that appellant did not complain about nerve pain until three weeks after the surgery. Dr. Bos also testified that there are many ways in which a person may have nerve compression including a fracture, continual pressure by the person’s body weight, and arthritic con[754]*754ditions around the elbow. He further testified appellant had informed him that he previously had neuritis problems.

Respondents moved for summary judgment. The trial court denied this motion on the basis of Dr. Wilson’s deposition, which was “sufficient to establish a prima facie case for the application of an inference of negligence.” After appellant presented his evidence at trial, respondents moved for a directed verdict. This motion was also denied. After respondent’s case, the motion for a directed verdict was renewed and this time it was granted.

ISSUE

Did the trial court err in granting a directed verdict for respondents?

ANALYSIS

Directed verdicts are appropriate only in exceptional cases. Garner v. Todd, 361 N.W.2d 459, 460 (Minn.Ct.App.1985). When analyzing an appeal from a directed verdict, this court must accept as true all of the evidence favorable to the adverse party and all reasonable inferences that may be drawn from the evidence. Walton v. Jones, 286 N.W.2d 710, 714 (Minn.1979). The standard for determining whether to direct a. verdict is “essentially whether different persons could reasonably come to different conclusions after viewing the evidence as a whole in the light most favorable to the nonmoving party.” Lakehead Constructors, Inc. v. Roger Sheehy Co., 304 Minn. 175, 178, 229 N.W.2d 514, 515 (1975).

Appellant’s case rested on testimony that this type of injury generally did not occur in the absence of negligence. From this evidence appellant argues the jury could have inferred the respondents were negligent in their actions. Appellant argues that he presented sufficient circumstantial evidence to warrant an inference of negligence under the theory of res ipsa loquitur.

Res ipsa loquitur is “merely another way of characterizing the minimal kind of circumstantial evidence which is legally sufficient to warrant an inference of negligence.” Hestbeck v. Hennepin County, 297 Minn. 419, 424, 212 N.W.2d 361, 365 (1973) (footnote omitted). In order to submit a res ipsa loquitur claim to the jury, a plaintiff must establish that the injury-producing event is: (1) of a kind which ordinarily does not occur in the absence of someone’s negligence; (2) caused by an agency or instrumentality within the exclusive control of the defendant; and (3) not due to any voluntary action or contribution on the part of the plaintiff. Spannus v. Otolaryngology Clinic, 308 Minn. 334, 337, 242 N.W.2d 594, 596 (1976). Because appellant alleges the injury occurred while he was unconscious, the third element has clearly been established.

The trial court apparently felt that in order to apply res ipsa loquitur, however, the plaintiff must rule out all other possible causes. Although the Minnesota Supreme Court made statements that tend to support this position in Hoffman v. Naslund, 274 Minn. 521, 530, 144 N.W.2d 580, 588 (1966), this clearly is not the law in Minnesota. In Olson v. St. Joseph’s Hospital, 281 N.W.2d 704 (Minn.1979), the plaintiff suffered severe sores, lesions, or “burns” on his feet and lower leg after being hospitalized.

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Related

Leuer v. Johnson
450 N.W.2d 363 (Court of Appeals of Minnesota, 1990)
Hoven v. Rice Memorial Hospital
396 N.W.2d 569 (Supreme Court of Minnesota, 1986)
Hoven v. Rice Memorial Hospital
386 N.W.2d 752 (Court of Appeals of Minnesota, 1986)

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386 N.W.2d 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoven-v-rice-memorial-hospital-minnctapp-1986.