Maloney v. Wake Hospital Systems, Inc.

262 S.E.2d 680, 45 N.C. App. 172, 1980 N.C. App. LEXIS 2603
CourtCourt of Appeals of North Carolina
DecidedFebruary 19, 1980
Docket7910SC446
StatusPublished
Cited by25 cases

This text of 262 S.E.2d 680 (Maloney v. Wake Hospital Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maloney v. Wake Hospital Systems, Inc., 262 S.E.2d 680, 45 N.C. App. 172, 1980 N.C. App. LEXIS 2603 (N.C. Ct. App. 1980).

Opinion

WELLS, Judge.

Plaintiff has made numerous assignments of error regarding the trial court’s exclusion of evidence, allegedly prejudicial remarks in the presence of the jury, charge to the jury, failure to require the reading of a portion of the deposition of one of defendant’s witnesses, and precluding plaintiff from showing an exhibit to the jury during plaintiff’s closing argument.

The principal question we determine in this appeal is whether an expert who is not a medical doctor may give expert opinion testimony as to the cause of a physical injury.

Plaintiff called as her first expert witness Ms. Judy Atkins. Ms. Atkins’ credentials — her education, experience, and skills — are directly at issue in resolving the question before us, and we summarize them here now. Ms. Atkins obtained an Associate Degree of Medicine at Central Piedmont Community College. Subsequently, she completed three years of nurses training at Charlotte Memorial Hospital, following which she attended school at the University of North Carolina at Chapel Hill. She was licensed as a registered nurse in 1969. In February 1972, she was employed as a staff nurse in acute care medicine at North Carolina Memorial Hospital. In 1973, she became a nursing supervisor at Memorial Hospital and was appointed coordinator of the I.V. therapy division. Her duties there included assisting in the organization and implementation of an I.V. team and working with the I.V. mixture service at Memorial. During her employment at Memorial, she served as president of the American Society of Intravenous Therapy and she participated in establishing a program to exchange ideas and presentations by physicians and pharmacists for other hospitals in North Carolina. Several of those meetings were held at Wake Medical Center. She assisted in establishing an I.V. therapy program at Wake Medical Center. Wake Memorial Hospital adopted an I.V. therapy manual almost identical to the one she developed for the University of North Carolina. Ms. Atkins continued to practice nursing and I.V. *175 therapy until September 1976, when she entered the School of Pharmacy of the University of North Carolina at Chapel Hill. At the time of the trial of this action, she was completing the equivalent of her fifth year of pharmacy school after just three years of study. Her study in pharmacy school related to her previous experience in I.V. therapy. During her experience, she has consulted with many pharmaceutical companies on I.V. administration and practices, and has served on an ad hoc committee of the United States Food and Drug Administration Center for Disease Control and the Pharmacy Appeal Convention for setting standards for preparation of I.V. drugs and on a similar committee whose purpose was to recommend national procedural standards for I.V. administration.

Following this recitation of credentials, counsel for plaintiff confronted Ms. Atkins with a hypothetical question asking if she had an opinion as to whether plaintiff’s injury could or might have resulted from the administration of undiluted potassium chloride directly into the tube. The trial court sustained defendant’s objection to the question. At this point in the trial, the record shows that the following events occurred.

Mr. ADAMS: May I approach the bench?
COURT: I think I can shorten this up a lot if I let the jury go out.
Mr. Adams: All right.
* * *
(Jury Retires To The Jury Room.)
COURT: Mr. Adams, I have no doubt but that this lady is unquestionably an expert in the field of intravenous therapy and I am sure that she is as competent in that field as anybody I have ever known but you got [sic] her in the field of medicine and in the field of pharmacy. She is [sic] not yet graduated from [sic] pharmacy and I am not going to let her testify in those fields no matter what you want to do but if you want to get the answer to that in the record, now is the time to do it. I ain’t never [sic] going to let it come in in the presence of the jury in the presence of this witness.
*176 MR. ADAMS: That it takes a medical expert and not a nursing expert?
COURT: That is exactly what I am ruling. I think this lady would tell you here that she is not licensed to diagnose or to prescribe treatment for her field of expertise, to give the treatment in the profession as prescribed by medical people and not to make diagnosis, is that not correct, ma’am?
A. True.
MR. ADAMS: Can I ask her a few further qualifying questions to see if I can qualify her?
COURT: Yes, you can try that.
Q. Mrs. Atkins —
COURT: But it is going to be a long slow road I tell you.
Q. —as a result of your training and experience are you familiar with the injuries that may result, not the diagnosis, diagnosing of such injuries but what type of injuries may result from the improper administration of potassium chloride in I.V. solution?
A. Yes.
Q. And have you seen specifically in the course of your studies and experience seen [sic] what type of injuries result from such administration?
A. Yes.
Q. And has that been part of your training as such?
A. Both. I have both seen it in practice and had it taught to me in my educational process.
Q. So you do not diagnose the injury but once you see medical records as to what injury exists, do you feel that you are qualified to know whether that injury, particular injury could have come from a particular I.V. procedure?
A. Specifically from I.V. administered drugs I can discuss those things that might happen.
*177 Q. And is it your duty to be familiar with parenteral fluids and their effects?
A. As a nurse, yes.
* * *
Q. I will rephrase the question. Is it your duty to be familiar with I.V. administered fluids and their effects?
A. It is the duty of all nurses to be familiar with them because they are the people who administer them. It is not the pharmacists or the physicians.
Q. And are you familiar with the effect of potassium chloride injected into the tissue undiluted?
A. Yes.
Q. And it is not your job to diagnose a particular condition as found but once a doctor diagnoses it as being a particular type of a burn, is it within your training to be able to form an opinion as to what might have caused that in the way of I.V. fluids?
A. Yes.
Q. All right. So I would like to ask the question again.

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Bluebook (online)
262 S.E.2d 680, 45 N.C. App. 172, 1980 N.C. App. LEXIS 2603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maloney-v-wake-hospital-systems-inc-ncctapp-1980.