Mercer v. Sunhwan Chi

282 N.W.2d 697, 1979 Iowa Sup. LEXIS 982
CourtSupreme Court of Iowa
DecidedAugust 29, 1979
Docket62545
StatusPublished
Cited by4 cases

This text of 282 N.W.2d 697 (Mercer v. Sunhwan Chi) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mercer v. Sunhwan Chi, 282 N.W.2d 697, 1979 Iowa Sup. LEXIS 982 (iowa 1979).

Opinion

McGIVERIN, Justice.

This appeal involves three evidentiary problems which arose in the trial of a medical battery tort action based on alleged lack of consent by plaintiff Patricia Mercer to administration of a medical test in diagnosis of her condition. She appeals from judgment entered on a jury verdict for defendants, St. Joseph Mercy Hospital, Dubuque Radiological Associates and physician Sunhwan Chi, and claims trial court improperly admitted evidence which she asserts is irrelevant to the issue of consent. We affirm the trial court.

On August 11, 1974 Mercer was brought to the emergency room of Mercy Hospital in Dubuque. She was suffering from a visible blood clot on the back of the left leg. After examining her, Dr. Dali, an internist, admitted Mercer to the intensive care unit. Upon Mercer’s admission to the hospital, her husband signed a standardized consent form.

Soon after Mercer’s admittance Dr. Dali discussed with her the necessity of performing venogram tests to discover whether she suffered from additional, undiagnosed blood clots. A venogram requires injection of *699 contrast material into a vein so a series of X-rays can be taken to determine the exact location of a blood clot. Mercer had undergone venograms in the past, knew them to be painful and was very reluctant to undergo the tests again. Dr. Dali finally ordered venograms for Mercer’s left leg only, although he preferred venograms for both legs.

On August 18, Mercer was presented with a form entitled “Authorization for Surgical Treatment” which provided in relevant part:

I, the undersigned, a patient at Mercy Medical Center, Dubuque, Iowa, hereby authorize Dr._and whomever he may designate as his assistants, to administer such treatment as is necessary, and to perform the following operation _
Name of Operation
and such additional operations or procedures as he shall consider necessary on the basis of findings during the course of said operation. I also consent to the administration of such anesthetics as are necessary, with the exception of _.
(None, Spinal, or Other)

Mercer testified that, when presented with the document, she asked the “name of operation” line be filled in to designate a left leg venogram before affixing her sig-. nature. The completed form shows insertion of “venogram (left leg).”

On August 19 Mercer was taken to a laboratory for administration of the veno-gram tests. According to Mercer’s testimony she was informed by Dr. Chi that a bilateral venogram would be performed. Mercer further testified that she refused to undergo a venogram of the right leg and physically resisted. Dr. Chi’s testimony concerning the events of the August 19 tests differs from Mercer’s testimony. According to Dr. Chi, Mercer gave an affirmative response upon being informed that a bilateral venogram would be administered. Dr. Chi further denied that any physical force was employed in administering the tests. It is undisputed, however, that veno-gram tests were performed on Mercer’s left and right legs.

After administration of the venograms Mercer developed a bacterial infection of the right foot known as cellulitis. According to medical testimony later adduced at trial, cellulitis is a common hazard of undergoing venogram tests. At the time of her discharge from the hospital on August 22, Mercer’s cellulitis condition was improving but not cured. She was readmitted to the hospital, however, on August 24 and remained until September 5, 1974 for treatment of the condition. Thereafter, Mercer was hospitalized on three different occasions.

On July 27, 1976, Mercer filed a petition against defendants and alleged a cause of action based on medical battery and sought punitive as well as compensatory damages.

After jury trial commenced, plaintiff amended her petition to add a claim based on mental anxiety and distress and withdrew the claim based on punitive damages.

The jury returned verdicts in favor of all defendants.

In this appeal Mercer presents the following issues for our review:

1. Whether evidence of usual medical practice of administering bilateral veno-grams is relevant to the issue of consent in an action based on a theory of medical battery in administration of a venogram to the right leg;

2. Whether evidence of consent to similar test procedures is relevant to the issue of consent to a venogram of the right leg; and

3. Whether evidence of failure to physically resist a venogram of the right leg is relevant to the issue of consent in an action based on a theory of medical battery.

In this appeal we are presented with three issues which each require consideration of the principles of relevancy. The principles governing relevancy and materiality were reviewed in State v. Clay, 213 N.W.2d 473, 477 (Iowa 1973), where we quoted in part from Ladd, Objections, Motions and Foundation Testimony, 43 Cornell L.Q. 543, 546 (1958) in saying:

[Mjateriality ordinarily relates to the “pertinency” of offered evidence to the *700 issue in dispute or to the issue of credibility .. .
Relevancy on the other hand, relates to the probative value of evidence in relation to the purpose for which it is offered.

We further stated in Clay:

The law of evidence does teach what evidentiary facts are incompetent because in violation of the exclusionary rules. But as to irrelevant and immaterial matters logic and reasoning processes are the only tests.

Clay, 213 N.W.2d at 477. See State v. O’Connell, 275 N.W.2d 197, 203 (Iowa 1979); State v. Kaufman, 265 N.W.2d 610, 619-20 (Iowa 1978).

The determination of relevancy is vested in trial court’s discretion. O’Connell, 275 N.W.2d at 203; Kaufman, 265 N.W.2d at 619.

The scope of our review is for correction of errors of law. Iowa R.App.P. 4.

I. Usual medical practico. The pleadings in this case present us with an unusual relevancy problem. Mercer contends evidence of usual medical practice adduced at trial is not relevant to the issue of her consent to a venogram of her right leg. Allegations of such medical battery, however, are ordinarily combined with allegations of negligence. See Perin v. Hayne, 210 N.W.2d 609 (Iowa 1973). Where negligence is pled, evidence of usual medical practice would be relevant to the standard of care. Presented only with allegations of medical battery, we must determine whether evidence of usual medical practice, nevertheless, may be properly admitted over relevancy objections under the record in this case.

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282 N.W.2d 697, 1979 Iowa Sup. LEXIS 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercer-v-sunhwan-chi-iowa-1979.