John Wickel v. David J. Chamberlain, D.O.

363 P.3d 854, 159 Idaho 532, 2015 Ida. LEXIS 333
Idaho Supreme Court·Decided December 23, 2015·No. 41514·Published·Cited by 9 cases

Opinions

HORTON, Justice.

John Wickel appeals from the Bonneville County district court’s grant of summary judgment dismissing his claims for medical malpractice against Dr. David Chamberlain. After the district court granted Dr. Chamberlain’s motion for summary judgment, Wickel moved for reconsideration, which the district court denied. Wickel appealed and Dr. Chamberlain cross-appealed. This Court remanded the matter to the district court for entry of a final judgment conforming to the requirements of I.R.C.P. 54(a), and Wickel filed a second motion for reconsideration. The district court denied Wickel’s second motion for reconsideration, concluding that it lacked jurisdiction to decide the motion. Following entry of a final judgment, both parties amended their notices of appeal. We vacate the order denying Wickel’s second motion for reconsideration and remand for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Wickel sought treatment from Dr. Chamberlain in Idaho Falls on January 4, 2010, for internal and external hemorrhoids. Dr. Chamberlain is a board-certified general surgeon in Idaho Falls who practices with two other physicians under the name Idaho Falls Surgical Specialists. Dr. Chamberlain recommended an internal hemorrhoidectomy using a Procedure for Prolapse and Hemorrhoids device made by Ethicon (Ethicon PPH Device). The Ethicon PPH Device is a specialized tool for internal hemorrhoid surgery. Dr. Chamberlain also recommended an external hemorrhoidectomy using a harmonic scalpel.

Prior to surgery, Wickel signed a Surgical Procedure Consent wherein Wickel consented to the performance of a “[djiagnosic evaluation of rectal problem and hemorrhoidectomy” and “to the doctors performing whatever different surgery or procedure they deem necessary or advisable during the course of the operation or procedure.”

Wickel’s surgery took place on January 8, 2010. After Wickel was anesthetized, Dr. Chamberlain discovered an anal fissure. Dr. Chamberlain believed, based upon his discussions with Wickel prior to surgery, that the best course was to treat the anal fissure while Wickel was under anesthesia in order to address all issues in one operation. Dr. Chamberlain performed a fissurectomy and an internal lateral sphincterotomy.

Following surgery, Wickel experienced significant pain and developed a perianal abscess. Wickel had several post-operation appointments with Dr. Chamberlain to address ongoing pain. At Wickel’s March 3, 2010, appointment, Dr. Chamberlain noted that the abscess appeared healed and released Wickel from his care. The pain continued, and Wickel returned to Dr. Chamberlain’s office on March 17, 2010, at which time Dr. Chamberlain diagnosed Wickel with a chronic anal fistula and recommended colorectal surgery.

Wickel then saw Drs. William Peche and Peter Bossart in Salt Lake City, Utah. Dr. Peche performed a procedure in June of 2010 and noted that the staple line from the PPH procedure was too close to the dentate line which resulted in physical damage to Wickel’s sphincter. After minimal improvement, Wickel saw Dr. Bossart. Dr. Bossart per[534] formed an anal fistulectomy in August of 2010. By 2012, Wickel still suffered discomfort and incontinence. An independent medical exam opined that Wickel’s pain following the surgery by Dr. Chamberlain was attributable to improper placement of the staple line within the anal canal.

Wickel filed a complaint against Dr. Chamberlain on January 3, 2012, alleging medical malpractice in the performance of the PPH procedure. Wickel also alleged that Dr. Chamberlain never discussed the potential anal fissure or repair procedure prior to surgery, that he failed to diagnose the fissure, and failed to acquire Wickel’s informed consent to the posterior anal fissurectomy or internal lateral sphincterotomy. Dr. Chamberlain moved for summary judgment on February 26, 2013, arguing that Wickel’s claim was not supported by the expert testimony required by Idaho Code section 6-1013. In response, on March 22, 2013, Wickel submitted the affidavit of Dr. Joseph Scoma (First Affidavit) and the affidavit of Jessica Wilson, a paralegal for Wickel’s attorney.

Wilson’s affidavit averred: “I phoned each general surgeon in Idaho Falls, Idaho to inquire whether they performed hemorrhoidectomies using the PPH device.... None of the general surgeons in Idaho Falls, Idaho with whom I spoke perform hemorrhoidectomies using the PPH device.” Wilson further stated that she “inquired of the general surgeons’ offices whether the doctors would be willing to speak with Dr. Scoma about the local standard of care. They all declined to do so.”

Dr. Scoma’s First Affidavit reflects that he is board-certified as a general and colorectal surgeon and is licensed to practice medicine in California. Dr. Scoma asserted that he had “actual knowledge of the applicable community standard of care” based upon a conversation with Dr. Stephen Schmid, a general surgeon in Twin Falls, Idaho, who performed hemorrhoidectomies using the Ethicon PPH Device in 2010. Dr. Scoma opined that Dr. Chamberlain’s failure to diagnose the anal fissure, performance of the hemorrhoidectomy using the Ethicon PPH Device, performance of the sphincterotomy, and treatment of the fistula that developed, all violated the applicable standard of health care practice. After Dr. Scoma’s First Affidavit and Wilson’s affidavit were filed, the hearing on Dr. Chamberlain’s motion for summary judgment was vacated.

Dr. Chamberlain filed a second motion for summary judgment and a motion to strike Dr. Scoma’s First Affidavit on May 28, 2013. Dr. Chamberlain argued that Dr. Scoma failed to familiarize himself with the applicable standard of health care practice and that Dr. Scoma’s testimony was consequently inadmissible. Relying on Wilson’s affidavit, Wickel responded that the standard of care for Idaho Falls was indeterminable and, thus, Dr. Scoma was permitted to familiarize himself with the standard of care in a similar community. Wickel contended that Twin Falls was such a community.

Following oral argument, on July 25, 2013, the district court issued its opinion and order on Dr. Chamberlain’s motion to strike and his second motion for summary judgment. The district court found that because “the local standard of care was indeterminable,” “Dr. Scoma was allowed to familiarize himself with the standard of care in a similar community” under Idaho Code section 6-1012. However, the district court determined that “[flor Dr. Scoma’s testimony to be admissible, it must be shown by evidence that Twin Falls and Idaho Falls are similar communities.” Because Wickel “provided no evidence that Twin Falls and Idaho Falls are similar communities,” the district court ruled that Dr. Scoma’s First Affidavit was inadmissible. As a result, the district court granted Dr. Chamberlain’s motion for summary judgment. The district court entered a document styled as a “Final Judgment” on July 30, 2013 (July 2013 Judgment), dismissing Wickel’s complaint with prejudice.

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John Wickel v. David J. Chamberlain, D.O., 363 P.3d 854, 159 Idaho 532, 2015 Ida. LEXIS 333 (Idaho 2015).

363 P.3d 854 (John Wickel v. David J. Chamberlain, D.O.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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