Maloney v. Fairview Community Hospital

451 N.W.2d 237, 1990 Minn. App. LEXIS 130, 1990 WL 7668
CourtCourt of Appeals of Minnesota
DecidedFebruary 6, 1990
DocketC7-89-1447
StatusPublished
Cited by2 cases

This text of 451 N.W.2d 237 (Maloney v. Fairview Community 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
Maloney v. Fairview Community Hospital, 451 N.W.2d 237, 1990 Minn. App. LEXIS 130, 1990 WL 7668 (Mich. Ct. App. 1990).

Opinion

OPINION

FORSBERG, Judge.

Michael Maloney appeals from a judgment dismissing with prejudice his medical malpractice claims against respondents, Fairview Community Hospital, d/b/a Fair-view Southdale Hospital (Hospital), and twelve individual doctors (Doctors). We affirm dismissal of appellant’s claims against the Doctors, but reverse dismissal of his claims against the Hospital and remand for further proceedings.

FACTS

Appellant was hospitalized from April 5 until May 27, 1986 for gunshot wounds to his abdomen.

Two years later in April 1988, he brought this action pro se alleging the Hospital and Doctors negligently ordered and administered excessive fluids, addictive and narcotic drugs, and inappropriate antibiotics, resulting in permanent vertigo and hearing loss.

The Hospital answered and served interrogatories asking for, among other things, identification of expert witnesses. The Doctors served separate answers, a “Demand for Affidavit from Expert,” which requested compliance with Minn.Stat. § 145.682, and interrogatories upon appellant.

In July 1988, attorneys Richard Mesh-besher and Bruce Douglas agreed to repre *239 sent appellant. All subsequent correspondence between the parties was directed to and handled by Meshbesher.

On September 14, 1988, appellant served the Hospital with his answers to its interrogatories. In a subsequent letter, the Hospital’s attorney advised Meshbesher he “would be scheduling informal meetings with those doctors identified in your answers who will testify on behalf of your client.”

On October 1, 1988, the 180-day time limit under Minn.Stat. § 145.682 for filing an affidavit identifying expert witnesses expired. In March 1989, the Doctors moved to dismiss appellant’s complaint “for failure to provide an Affidavit of Identification of Expert,” as required by Minn.Stat. § 145.682, subd. 6. The Hospital similarly moved for dismissal under Minn.Stat. § 145.682. In its memorandum, the Hospital acknowledged it received answers to its interrogatories within the 180-day time period, but argued dismissal was nevertheless warranted because those answers were inaccurate and false.

Following a hearing, the court granted the motions and dismissed appellant’s claims with prejudice. This appeal followed entry of judgment.

ISSUES

1. Does the information contained in the answers to the Hospital’s interrogatories satisfy the requirements of Minn.Stat. § 145.682?

2. With respect to the claims against the Doctors, is appellant entitled to an extension of time within which to comply with Minn.Stat. § 145.682?

3. Is there merit to any of appellant’s other arguments?

ANALYSIS

Minn.Stat. § 145.682 (Supp.1987), imposes certain requirements upon a plaintiff bringing a malpractice action and provides time limits for performance of those requirements. The issue in this case involves the affidavit of expert identification required by Minn.Stat. § 145.682, subds. 2(2) and 4. This affidavit must be filed within 180 days after commencement of the suit and contain the following information:

[T]he identity of each person whom plaintiff expects to call as an expert witness at trial to testify with respect to the issues of malpractice or causation, 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, subd. 4 (emphasis added). Answers to interrogatories stating the above information may be used to satisfy this requirement. Id.

Failure to comply with these requirements “results, upon motion, in mandatory dismissal with prejudice of each cause of action[.]” Minn.Stat. § 145.682, subd. 6.

I.

The 180-day period in this case expired on October 1, 1988. It is undisputed appellant served answers to the Hospital’s interrogatories within this 180-day time period. The Hospital nevertheless argues the content of these answers is inaccurate and fails to satisfy the statute.

Interrogatory Nos. 6, 13, and 23 essentially request information required by the statute by asking for the names of expert witnesses expected to be called at trial, the subject matter of their testimony, the substance of each fact and opinion, and the grounds for each opinion. Listed in response are seven physicians.

Prior to moving for mandatory dismissal, the Hospital’s attorney contacted at least three of those physicians. He claimed one physician, Dr. Samuel Levine, would not provide any expert testimony as to the Hospital’s negligence. He further provided evidence that two other physicians, Drs. Richard Nissen and Michael Paparella, had not been contacted regarding any testimony, were not interested in providing expert testimony on behalf of appellant, and had not formed any opinion regarding possible negligence on the part of the Hospital. Meshbesher’s attempt to explain these ap *240 parent inaccuracies in the interrogatory answers was rejected by the trial court.

We need not determine whether the trial court properly ordered dismissal based on its determination several of the interrogatory answers were inaccurate. We believe the remaining interrogatory answers contain information sufficient to satisfy the requirements of Minn.Stat. § 145.682. Appellant lists four other physicians whom he expects will render opinions on the Hospital’s negligence in a number of specific areas, the applicable standard of care, appellant’s condition prior to and after hospitalization, the cause of appellant’s current injuries, and the actions of the Hospital contributing to those injuries. The summaries of these opinions refer to certain test results and to specific events occurring during appellant’s hospital stay. When considered as a whole, these interrogatory answers state information sufficiently precise to verify the lawsuit’s viability. See Parker v. O’Phelan, 414 N.W.2d 534, 537 (Minn.Ct.App.1987), opinion aff'd, by an evenly divided supreme court, 428 N.W.2d 361 (Minn.1988).

We therefore reverse thé trial court’s dismissal of appellant’s claims against the Hospital, and remand for further proceedings.

II.

The Doctors argue appellant’s claims against them were properly dismissed because he failed to timely file either an affidavit of expert identification or answers to their interrogatories. It is undisputed appellant never filed an affidavit and his answers to the Doctors’ interrogatories were not filed until April 1989, some six months after the 180-day time limit had expired.

In Stern v. Dill, 442 N.W.2d 322 (Minn.1989), the supreme court held the time limits of Minn.Stat. § 145.682 may be extended pursuant to an oral or written motion under Minn.R.Civ.P. 6.02, which requires a showing of excusable neglect. Id. at 324.

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Bluebook (online)
451 N.W.2d 237, 1990 Minn. App. LEXIS 130, 1990 WL 7668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maloney-v-fairview-community-hospital-minnctapp-1990.