Kuhn v. St. Joseph's Hospital & Medical Center

984 P.2d 551, 194 Ariz. 465, 284 Ariz. Adv. Rep. 8, 1998 Ariz. App. LEXIS 213
CourtCourt of Appeals of Arizona
DecidedDecember 10, 1998
DocketNo. 1 CA-CV 97-0526
StatusPublished

This text of 984 P.2d 551 (Kuhn v. St. Joseph's Hospital & Medical Center) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kuhn v. St. Joseph's Hospital & Medical Center, 984 P.2d 551, 194 Ariz. 465, 284 Ariz. Adv. Rep. 8, 1998 Ariz. App. LEXIS 213 (Ark. Ct. App. 1998).

Opinions

OPINION

LANKFORD, Judge.

¶ 1 Lydia Kuhn appeals from the judgment on a jury verdict in favor of Mercy Healthcare Arizona, Inc., doing business as St. Joseph’s Hospital and Medical Center, in her medical malpractice action against Mercy, and from the denial of her motion for new trial. Mercy cross-appeals from the trial court’s preclusion of certain evidence allegedly bearing on the issue of Kuhn’s damages. For the reasons discussed below, we affirm the judgment of the trial court. Because we affirm, we need not and do not decide the issue presented by the cross-appeal.

¶ 2 Kuhn visited St. Joseph’s Hospital for delivery of her second child. After about eight hours, her contractions.were noted as irregular and inadequate to dilate the cervix.

¶ 3 Three hours later, her labor was progressing slowly, and hospital personnel transferred Kuhn to the Labor and Delivery Room. A nurse, Mary Ellen Beaudoin, continued to monitor Kuhn’s progress. Kuhn’s contractions continued to be irregular and inadequate to dilate her cervix. Nurse Beaudoin claimed that she had reported her assessment of Kuhn’s condition to one of the on-duty residents, Dr. James Heid, who had ordered her to start administering Pitocin at about 1:30 p.m. She did so, and Kuhn’s contractions subsequently improved.

¶ 4 At 3:00 p.m., the nurses changed shifts and Nurse Jewell Shelton began monitoring Kuhn’s care. Minutes later, the fetal monitor indicated that the baby was in distress. Hospital personnel rushed Kuhn into the operating room where Dr. Paul Mikel performed an emergency cesarean section. Dr. Mikel discovered that Kuhn’s uterus had ruptured and, after delivering her baby, proceeded to perform an emergency hysterectomy. Kuhn and her baby survived.

¶ 5 Kuhn sued Mercy based on its responsibility for the alleged negligence of several resident physicians and nurses in failing to perform a timely cesarean section on Kuhn, thereby necessitating the emergency hysterectomy. Kuhn contended that the hospital staff negligently failed to determine that her pelvis was too small to vaginally deliver her baby, a condition known as cephalopelvic disproportion. Kuhn further asserted that Nurse Beaudoin administered the Pitocin without a doctor’s order and that the Pitocin was contraindicated because of the cephalopelvic disproportion. Kuhn’s expert opined that the administration of Pitocin and failure to perform a timely cesarean section caused the uterine rupture.

¶ 6 Kuhn sought damages for menopausal symptoms stemming from her hysterectomy, such as loss of bladder control, trouble sleeping, mood swings, vaginal dryness, and hot flashes. She also claimed damages for emotional distress and depression related to these symptoms and her inability to have more children.

¶ 7 Mercy asserted that the treatment its staff gave to Kuhn was not below the standard of care. Mercy’s expert testified that Kuhn’s uterus ruptured spontaneously because of a weakness in the wall of her uterus.

¶ 8 A jury returned a defense verdict for Mercy. The superior court entered judgment accordingly. Kuhn moved for a new trial, both alleging several erroneous evidentiary rulings by the trial court and asserting that the evidence failed to support the verdict. The trial court denied that motion, and [467]*467Kuhn filed this appeal. Her appeal presents two issues:

1. Did the trial court properly preclude Kuhn from impeaching Nurse Beaudoin with Mercy’s disclosure statement?
2. Did the trial court err in allowing Mercy to elicit causation opinions from multiple witnesses?

¶ 9 Mercy filed a cross-appeal presenting a single issue:

Did the trial court properly exclude evidence of Kuhn’s troubled marriage and her husband’s drug use?

We have jurisdiction over the matter pursuant to Arizona Revised Statutes Annotated (“A.R.S.”) sections 12-2101(B), (F)(1) (1994).

I.

¶ 10 We first consider whether the trial court properly prevented Kuhn from impeaching Nurse Beaudoin with Mercy’s disclosure statement. Kuhn wanted to use Mercy’s disclosure statement under Arizona Rules of Civil Procedure 26.1, to impeach Nurse Beaudoin’s statement that a doctor had ordered her to administer the Pitoein to Kuhn.

¶ 11 Mercy’s disclosure statement stated in pertinent part:

... Ms. Beaudin [sic] is expected to testify that she does not have any specific recall of Ms. Kuhn. She is expected to testify that she would not have administered Pitocin without a verbal order, and that a physician would have advised her of the starting dose and protocol for administering the Pitoein.

¶ 12 The disclosure statement did not identify the physician who ordered the Pitocin.

¶ 13 Nurse Beaudoin subsequently testified at both deposition and trial that Dr. Heid, one of the on-duty residents, had ordered her to administer Pitoein. Dr. Heid denied giving this order.1

¶ 14 Kuhn appears to contend both that the disclosure statement should have been admitted as a sanction for violating Rule 26.1 and as valuable impeachment evidence. A trial court’s ruling on the exclusion of evidence is not reversible error unless there is a clear abuse of discretion and prejudice to the complaining party. Catchings v. City of Glendale, 154 Ariz. 420, 426, 743 P.2d 400, 406 (App.1987). A ruling denying a sanction for violation of Rule 26.1 is reviewed for abuse of discretion. See Allstate Ins. Co. v. O’Toole, 182 Ariz. 284, 287, 896 P.2d 254, 257 (1995).

¶ 15 We find no abuse of discretion in declining to admit the evidence as a sanction. The trial court concluded that Mercy’s disclosure statement did not intentionally omit any critical information. Mercy’s disclosure revealed Nurse Beaudoin as a witness, provided Kuhn with her address, and set forth the subject matter about which she was expected to testify at trial — including the fact that she would not have administered Pitoein to Kuhn without a doctor’s order. The identity of the physician was later revealed in Beaudoin’s deposition, but not so much later that Kuhn was prejudiced. Kuhn also had an opportunity to depose the physician Beaudoin had identified, Dr. Heid. See Allstate Ins., 182 Ariz. at 288, 896 P.2d at 258 (“Delay standing alone, does not necessarily establish prejudice.”) We decline to hold that the trial court was compelled to admit this evidence as a sanction.

¶ 16 We now consider whether the disclosure statement was proper impeachment and if so, whether its exclusion so prejudiced Kuhn that the judgment must be cast aside and a new trial conducted. The admission or rejection of evidence is generally within the trial court’s discretion. Falcher v. St. Luke’s Hospital Medical Center, 19 Ariz.App. 247, 252, 506 P.2d 287, 292 (1973). The court also has discretion to control cross examination. Cervantes v. Rijlaarsdam, 190 Ariz. 396, 399, 949 P.2d 56, 59 (App.1997).

[468]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cervantes v. Rijlaarsdam
949 P.2d 56 (Court of Appeals of Arizona, 1997)
Gasiorowski v. Hose
897 P.2d 678 (Court of Appeals of Arizona, 1994)
Cotterhill v. Bafile
865 P.2d 120 (Court of Appeals of Arizona, 1993)
Styles v. Ceranski
916 P.2d 1164 (Court of Appeals of Arizona, 1996)
Allstate Insurance v. O'Toole
896 P.2d 254 (Arizona Supreme Court, 1995)
Falcher v. St. Luke's Hospital Medical Center
506 P.2d 287 (Court of Appeals of Arizona, 1973)
State v. Hines
633 P.2d 1384 (Arizona Supreme Court, 1981)
Jimenez v. Starkey
335 P.2d 83 (Arizona Supreme Court, 1959)
Catchings v. City of Glendale
743 P.2d 400 (Court of Appeals of Arizona, 1987)
Arizona Department of Revenue v. Superior Court
938 P.2d 98 (Court of Appeals of Arizona, 1997)
State v. Navallez
639 P.2d 362 (Court of Appeals of Arizona, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
984 P.2d 551, 194 Ariz. 465, 284 Ariz. Adv. Rep. 8, 1998 Ariz. App. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuhn-v-st-josephs-hospital-medical-center-arizctapp-1998.