Rauch v. Mike-Mayer

783 A.2d 815, 2001 Pa. Super. 270, 2001 Pa. Super. LEXIS 2667
CourtSuperior Court of Pennsylvania
DecidedSeptember 11, 2001
StatusPublished
Cited by104 cases

This text of 783 A.2d 815 (Rauch v. Mike-Mayer) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rauch v. Mike-Mayer, 783 A.2d 815, 2001 Pa. Super. 270, 2001 Pa. Super. LEXIS 2667 (Pa. Ct. App. 2001).

Opinion

HUDOCK, J.:

¶ 1 This is an appeal from a final order granting summary judgment as to all claims and all parties in a medical malpractice case. See Ney v. Axelrod, 723 A.2d 719, 720 n. 1 (Pa.Super.1999) (order that disposes of all claims and all parties is final and appealable). We reverse and remand for further proceedings consistent with this opinion.

¶2 In December of 1994, Bonnie J. Rauch fell and severely injured her elbow. She was examined at the Emergency Department of Appellee Mercy Regional Health System and diagnosed with a fractured olecranon process. Subsequently, Mrs. Rauch was referred to Appellee Hen-rik Mike-Mayer, M.D., an orthopedic surgeon. Dr. Mike-Mayer examined Mrs. Rauch on December 19, 1994, and scheduled her for corrective surgery the next day. During his examination of Mrs. Rauch, Dr. Mike-Mayer noted a past medical history of hypertension, diabetes mellitus, two myocardial infarctions with quadruple bypass surgery and a cerebro-vascular accident affecting her left side.

Dr. Mike-Mayer also documented that Mrs. Rauch was on several medications including Lasix (a diuretic), Vasotec (for treatment of hypertension and symptomatic congestive heart failure), Klotrix (potassium supplement), and Glyburide (for the treatment of hyperglycemia re *819 lated to diabetes). Dr. Mike-Mayer also noted that Mrs. Rauch smoked an average of one pack of cigarettes per day.
Pre-operative studies performed on December 19, 1994 included a chest x-ray and EKG; the results of both studies were abnormal. The chest x-ray revealed upper-lobe vascular prominence suggestive of congestive heart failure. The EKG revealed Q waves and a prolonged QT interval which can be indicative of ischemic heart disease. In addition to these findings, the nurses’ notes indicate that they had difficulty removing a ring from Mrs. Rauch’s left hand, indicating that she may have had some edema. Edema can be caused by congestive heart failure.
Mrs. Rauch was also seen by [Appel-lee Michael Clark, M.D.]- on December 19, 1994. Dr. Clark noted that Mrs. Rauch occasionally complained of chest pain and had a history of myocardial infarction, stroke, hypertension and diabetes. He further documented that general and regional anesthesia were explained to Mrs. Rauch and that she requested general anesthesia. He assigned her a “physical status [III]” which is defined by the American Society of Anesthesiologists as a patient with rather severe systemic disturbance or pathology.
Although Mrs. Rauch was evaluated by Dr. Clark on December 19, 1994, anesthesia was administered by [Appel-lee Michael Feffer, M.D.] , 1 Anesthesia was initiated at 10:55 a.m. and completed by 12:30 p.m. Upon completion of anesthesia, Mrs. Rauch was transferred to the post anesthesia care unit. At the time of transfer, Mrs. Rauch’s vital signs were as follows: blood pressure, 224/129; pulse, 115; respirations, 20; temperature, 95.7. She was receiving oxygen at 10 liters via face mask.
At 12:40 p.m., Mrs. Rauch’s blood pressure was 230/120 and she was placed on a 100% oxygen non-rebreath-ing mask. At 12:42 p.m. 10 mg of Nor-modyne was given and at 12:48 p.m. Dr. Feffer administered 30 mg of Edropho-niam and 0.4 mg of Atropine. At 1:00 p.m., the nurses’ notes reflect that Mrs. Rauch was giving inappropriate responses, that she was biting down on the suction device and that she was coughing up thick mucous.
Mrs. Rauch was intubated by Dr. Fef-fer at 1:40 p.m. and Dr. Begley 2 was notified of her condition at 2:10 p.m. Dr. Begley examined Mrs. Rauch in PACU at 2:15 p.m. A chest x-ray revealed diffuse changes of pulmonary edema including vascular interstitial alveolar lung water accumulation. She was discharged from PACU to ICU at 2:50 p.m. with a diagnosis of cardiopulmonary failure and diffuse cardiogenic pulmonary edema and probable stroke. CT scans later revealed that she had suffered a stroke. She expired on December 28, 1994 due to complications of that stroke.

Trial Court Opinion, 10/12/00, at 2-4.

¶ 3 On December 13, 1996, Appellant John F. Rauch filed a complaint against Doctors Mike-Mayer, Clark and Feffer, as well as against the Mercy Anesthesia Group, P.C., David J. Davies, Mercy Regional Health System, and Mercy Hospital of Altoona (under that name and two additional “trade” names). The complaint alleged negligence by all defendants. Addi- *820 tionaUy, Appellant raised allegations of corporate liability and vicarious liability against the Hospital. The matter proceeded through discovery until June of 1999, at which time Appellees filed motions to compel expert reports. Appellant provided expert reports in October of 1999 by James R. Merikangas, M.D., a neurologist and psychiatrist, and by Martha Gramlich, M.D., an internist and emergency physician.

¶ 4 In June and August of 2000, Appel-lees filed motions for summary judgment alleging that the expert reports provided an insufficient basis upon which to predicate a prima facie case. The motions for summary judgment also challenged the identified experts as unqualified to give such opinions. On October 12, 2000, the trial court granted summary judgment and dismissed all claims against all parties. Appellant’s timely appeal followed on October 27, 2000. Appellant presents five issues for our consideration:

I. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT WHEN [APPELLANT] HAD PRODUCED EVIDENCE THROUGH EXPERT REPORTS SUFFICIENT TO SET FORTH A PRIMA FACIE CASE OF MEDICAL NEGLIGENCE AS TO DR. MIKE-MAYER, DR. CLARK AND DR. FEFFER.
II. WHETHER THE TRIAL COURT ERRED IN PREMATURELY GRANTING SUMMARY JUDGMENT AS TO ALL DEFENDANTS WHEN DISCOVERY WAS ONGOING AND [APPELLANT] SHOULD HAVE BEEN PERMITTED TO SUPPLEMENT HIS EXPERT REPORTS UPON COMPLETION OF THE RELEVANT DISCOVERY IN AN ATTEMPT TO CURE ANY DEFECTS.
III. WHETHER [APPELLANT’S] EXPERTS, AN INTERNIST AND A NEUROLOGIST, ARE QUALIFIED TO RENDER OPINIONS AS TO THE CONDUCT OF THE DEFENDANT PHYSICIANS, AN ORTHOPEDIC SURGEON AND TWO ANESTHESIOLOGISTS.
IV. WHETHER THE TRIAL COURT ERRED IN FINDING THAT [APPELLANT’S] EXPERT REPORTS COULD NOT SUBSTANTIATE A CLAIM FOR VICARIOUS LIABILITY AGAINST THE DEFENDANT HOSPITAL.
V. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AS TO [APPELLANT’S] CLAIM OF CORPORATE NEGLIGENCE WHEN THE EXPERT REPORTS AS PROVIDED SUPPORT A PRIMA FACIE CASE OF CORPORATE NEGLIGENCE.

Appellant’s Brief at 3. 3 Before considering the other claims, we shall first address Appellant’s third argument. The question of whether the physicians who provided the expert reports in this case were qualified to do so is a threshold inquiry that *821 must be resolved before proceeding with our analysis.

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

Related

Juarez, E. v. Wang, J.
Superior Court of Pennsylvania, 2025
Hernandez, J. v. Independence Constr. Corp.
Superior Court of Pennsylvania, 2025
Mokshefski v. Smith
M.D. Pennsylvania, 2024
Orwig, H. v. Discount Pool & Spa
Superior Court of Pennsylvania, 2024
Corey, L. v. Wilkes-Barre Hosp. v. PA Phys. Svcs.
2023 Pa. Super. 262 (Superior Court of Pennsylvania, 2023)
Karp v. Jenkins
M.D. Pennsylvania, 2021
Carson, J. v. Grandview Hospital
Superior Court of Pennsylvania, 2021
Best, E. v. Investors Ltd.
Superior Court of Pennsylvania, 2021
Smith-McConnell, B. v. Todd Thompson Funeral Home
Superior Court of Pennsylvania, 2021
Ashmore v. V & S Medical
Superior Court of Pennsylvania, 2021
Sparks, W. v. Conley-Beaver Corp.
Superior Court of Pennsylvania, 2021
Ruff, T. v. York Hospital
2021 Pa. Super. 39 (Superior Court of Pennsylvania, 2021)
M.S. Colon v. Correct Care Solutions, LLC
Commonwealth Court of Pennsylvania, 2019
Macosky, F. & S. v. Udoshi, M., Wilkes-Barre Hosp.
Superior Court of Pennsylvania, 2019
Nationstar Mortgage, LLC v. Kratz, J.
Superior Court of Pennsylvania, 2018
Shiflett, B. v. Lehigh Valley Health Network, Inc.
Superior Court of Pennsylvania, 2017
Ponzini v. PrimeCare Medical, Inc.
269 F. Supp. 3d 444 (M.D. Pennsylvania, 2017)
Seels v. Tenet Health System Hahnemann, LLC
167 A.3d 190 (Superior Court of Pennsylvania, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
783 A.2d 815, 2001 Pa. Super. 270, 2001 Pa. Super. LEXIS 2667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rauch-v-mike-mayer-pasuperct-2001.