Rhonda Hall, Individually and as the Injured Parent of Malika and Miranda, and Bob Hall, Husband of Rhonda Hall v. Jennie Edmundson Memorial Hospital and Nebraska Methodist Health System, Inc.

812 N.W.2d 681, 2012 WL 1232596, 2012 Iowa Sup. LEXIS 35
CourtSupreme Court of Iowa
DecidedApril 13, 2012
Docket10–1516
StatusPublished
Cited by26 cases

This text of 812 N.W.2d 681 (Rhonda Hall, Individually and as the Injured Parent of Malika and Miranda, and Bob Hall, Husband of Rhonda Hall v. Jennie Edmundson Memorial Hospital and Nebraska Methodist Health System, Inc.) 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
Rhonda Hall, Individually and as the Injured Parent of Malika and Miranda, and Bob Hall, Husband of Rhonda Hall v. Jennie Edmundson Memorial Hospital and Nebraska Methodist Health System, Inc., 812 N.W.2d 681, 2012 WL 1232596, 2012 Iowa Sup. LEXIS 35 (iowa 2012).

Opinions

HECHT, Justice.

The plaintiffs in this case sued a surgeon alleging negligent performance of a pan-creaticoduodenectomy and sued a hospital contending it negligently granted credentials to the surgeon. In this appeal from a bench trial, the plaintiffs contend the district court applied the wrong standard of care in adjudicating their claim of negligent credentialing against the hospital. Because we conclude the district court applied the standard of care advocated by the plaintiffs and substantial evidence supported the district court’s conclusion that the hospital did not breach the standard of care, we affirm the district court’s judgment in favor of the defendants.

I. Background Facts and Proceedings.

On April 25, 2007, Rhonda Hall underwent a pancreaticoduodenectomy, also known as a Whipple procedure, at Jennie Edmundson Memorial Hospital (JEMH). The procedure was intended to discern whether a mass situated on the neck of Hall’s pancreas was malignant and to remove it if it was not. Dr. Eric Bendorf, a board certified general surgeon, performed the surgery.

Dr. Bendorf had originally sought and was granted temporary general surgical privileges1 at JEMH when he concluded [683]*683his residency in 1997. Afterwards, JEMH reviewed Dr. Bendorf for reprivileging approximately every two years. For each request for renewal of the doctor’s privileges, JEMH conducted research on Dr. Bendorfs experience and qualifications, beginning with a consultation with the Nebraska Credentialing Verification Organization (NCVO), which gathers information from schools and teaching hospitals. JEMH also reviewed internal information about Dr. Bendorfs work within the hospital, conducted a criminal record check, and reviewed his history, if any, of malpractice claims (the record indicates Dr. Bendorf had no malpractice claims prior to Hall’s surgery). The information gathered was then considered by a series of JEMH committees. The first of these committees, which includes a physician serving as Vice President for Medical Affairs, reviewed the packet of information to ensure it was complete. Next the packet was forwarded to the chair of the surgical department. After approval by the surgery department chair, the request moved on to the credentialing committee which included doctors, the chief nurse, and several administrators. After approval by the credentialing committee, the packet was forwarded to the hospital’s executive committee, a group comprised of medical staff from each department of the hospital. After approval by the executive committee, the packet was submitted to the JEMH board of directors for final approval. A subcommittee of the board of directors reviewed the packet and made a recommendation to the board for renewal of Dr. Bendorfs privileges. The board, consisting of both doctors and laypeople, granted Dr. Bendorfs requests for renewal of his privileges in 1999, 2000, 2002, 2004, 2005, and again in 2007, shortly before Hall’s surgery.

The Joint Commission on the Accreditation of Hospitals (JCAH) is a national organization which promulgates standards, conducts surveys, and accredits hospitals. JEMH is accredited by the JCAH. In 2001, JCAH issued requests that JEMH make improvements in its credentialing of physicians. They were addressed by JEMH and approved by JCAH. In 2004 and 2007, JEMH passed JCAH’s survey in credentialing.

The Whipple procedure is a complicated surgery, involving the removal and reattachment of portions of several organs, including the pancreas, the small intestine, the stomach, the gallbladder, and the common bile duct. Of specific concern is the possibility of severing the patient’s superi- or mesenteric vein (SMV). During the procedure on April 25, 2007, Dr. Bendorf did sever Hall’s SMV. Although he was initially able to stop the bleeding, Hall began to bleed again when the surgery was resumed. Dr. Bendorf ultimately discontinued the procedure, and Hall was transferred by ambulance to the University of Nebraska Medical Center where the surgery was completed by another surgeon.

Hall was comatose for almost two months. She has since undergone repeated surgeries, including a three-organ transplant procedure, and continues to have health problems because of the failed surgery.

Hall and her husband sued Dr. Bendorf, JEMH, and Nebraska Methodist Health System, Inc. (NMHS).2 The Halls settled [684]*684with Dr. Bendorf, but their claims against JEMH and NMHS proceeded to a bench trial. The Halls alleged JEMH and NMHS were negligent in granting Dr. Bendorf privileges to perform the Whipple procedure.3

The heart of the Halls’ claim against JEMH and NMHS was that Dr. Bendorf did not have sufficient experience performing the Whipple procedure to support a grant of privileges for the procedure in 2007. He had performed only four Whipple procedures in the previous ten years and none in the three years preceding Hall’s surgery. The parties disagreed whether the court should hold JEMH and NMHS to a “professional” standard of care or a “lay” standard of care when assessing whether they acted reasonably when they approved Dr. Bendorf s request for surgical privileges, specifically to perform the Whipple procedure. Both sides offered expert testimony and briefed the issue for the district court.

The district court issued its findings of fact, conclusions of law, and ruling on May 27, 2010. The district court first concluded that NMHS had the power to exercise control over the credentialing process at JEMH and accordingly, owed a duty to the Halls. The district court also concluded that, although this court has not explicitly recognized the tort of negligent credentialing, the overwhelming majority of courts that have considered the issue have recognized the cause of action, and the district court concluded it is a viable claim in Iowa. Having determined the plaintiffs had pled a cognizable tort under Iowa law, the district court concluded it should apply a nonprofessional standard of care in this case because the ■ decision to reprivilege Dr. Bendorf was made by laypeople and involved nonmedical, administrative, or ministerial acts by a hospital. However, the district court concluded JEMH and NMHS did not breach the standard of care by granting Dr. Bendorf privileges to perform a Whipple procedure and entered judgment in favor of the defendants.

The Halls appealed, contending that although the district court was correct in its conclusion that a lay standard of care applied, the court actually applied a professional standard of care and the court erred in concluding JEMH and NMHS did not breach the ’ applicable standard when granting Dr. Bendorf privileges to perform the Whipple procedure. The Halls also contend the district court made two erroneous evidentiary rulings. JEMH and NMHS cross-appealed, arguing the district court correctly concluded they did not breach a duty under the circumstances of this case, but contending the district court erred in failing to apply a professional standard of care. NMHS also asserts the district court erred in deciding NMHS owed the Halls a duty to exercise reasonable care in deciding whether to grant Dr. Bendorf privileges because it had no control over the granting or denying of privileges at JEMH.

II. Scope and Standards of Review.

Our review is for corrections of errors at law. Iowa R.App. P. 6.907. The district court’s findings of fact have “the effect of a special verdict,” id.,

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812 N.W.2d 681, 2012 WL 1232596, 2012 Iowa Sup. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhonda-hall-individually-and-as-the-injured-parent-of-malika-and-miranda-iowa-2012.