Rumple v. Bloomington Hospital

422 N.E.2d 1309, 1981 Ind. App. LEXIS 1530
CourtIndiana Court of Appeals
DecidedJuly 13, 1981
Docket1-680A144
StatusPublished
Cited by22 cases

This text of 422 N.E.2d 1309 (Rumple v. Bloomington Hospital) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rumple v. Bloomington Hospital, 422 N.E.2d 1309, 1981 Ind. App. LEXIS 1530 (Ind. Ct. App. 1981).

Opinions

RATLIFF, Judge.

STATEMENT OF THE CASE

Irvin Rumple (Rumple) appeals from the declaratory judgment of the Monroe Superior Court that he owes the Southern Indiana Radiological Association (SIRA) the sum of twenty-three dollars and fifty cents for the interpretation of x-rays taken at Bloomington Hospital. We affirm.

STATEMENT OF THE FACTS

Rumple’s son, Brent, was injured in a motorcycle accident on August 28,1976, and was taken to Bloomington Hospital for treatment of his injuries. X-rays of Brent’s right wrist were requested by the emergency room physician, Dr. Walker. Upon reviewing the x-rays, Dr. Walker diagnosed a fracture of Brent’s right wrist and Dr. Doster, an orthopedic surgeon, was asked to treat the fracture. Dr. Doster examined the x-rays, reduced the fracture, and placed Brent’s wrist in a cast. Dr. Hammer, a radiologist, reviewed the x-rays that evening, making an official interpretation which confirmed Dr. Doster’s diagnosis.

The review of the x-rays by Dr. Hammer was pursuant to Bloomington Hospital’s policy that each x-ray taken must be interpreted by a physician whose credential files reflect the training, experience, and current competence required for all aspects of radiological services. The only physicians who have applied for privileges to interpret x-rays at Bloomington Hospital since inception of the policy in 1948 have been radiologists. All radiologists presently practicing at Bloomington Hospital are shareholders of SIRA, a medical corporation. They do not order x-rays to be taken, but only interpret x-rays ordered by other physicians. Accordingly, a bill of twenty-three dollars and fifty cents was sent by SIRA to Rumple for Dr. Hammer’s interpretation of the x-rays of Brent’s wrist.

Rumple refused to pay the bill and filed a complaint for declaratory judgment requesting the Monroe Superior Court II to find that he did not owe SIRA the sum of twenty-three dollars and fifty cents. On September 29, 1979, the trial court entered its judgment. However, after consideration of the plaintiff’s motion to correct errors, the trial court modified its previous judgment and entered judgment on January 16, 1980, for the defendants, Bloomington Hospital, SIRA, and the Credit Bureau of Monroe County. The court, in its judgment, found that Rumple agreed to the services rendered by Dr. Hammer since he consented to such radiological services as Dr. Dost-er deemed reasonable and necessary; that a patient entering a private hospital agrees to abide by all reasonable rules, regulations, policies, and practices governing the nature of services provided and thus a promise to pay for services which are rendered is implied; that the policy of Bloomington Hospital requiring the interpretation of x-rays by a radiologist is reasonable and thus Rumple impliedly promised to pay for Dr. Hammer’s services; and that SIRA does not maintain a monopoly on the interpretation of x-rays at Bloomington Hospital.

ISSUES

Rumple has raised the following issues, which we have restated, for our consideration:

1. Did the trial court err in finding that Rumple had expressly consented to Dr. Hammer’s services?

2. Does the policy of Bloomington Hospital which requires all patient x-rays to be [1312]*1312interpreted by a staff radiologist constitute an unconstitutional interference with Rum-pie’s fundamental right of privacy?

3. Did the trial court err in finding that SIRA does not maintain an illegal monopoly in the interpretation of x-rays?

DECISION

Issue One

Rumple alleges the trial court’s finding that he consented to Dr. Hammer’s services, and thus is obligated to pay for them, is erroneous for two reasons. First, he argues that there was no informed consent, and secondly, he argues that the consent form was void as a contract of adhesion. Since the trial court, pursuant to a request by Rumple under Ind.Rules of Procedure, Trial Rule 52(A), entered special findings of fact and conclusions of law, we will not reverse the trial court’s findings or judgment unless they are clearly erroneous. Seco Chemicals, Inc. v. Stewart, (1976) 169 Ind.App. 624, 349 N.E.2d 733.

Rumple states that he understood the consent form which he signed only to authorize treatment necessary for setting his son’s wrist and that aside from very general language in the form, no discussion of radiology, and specifically SIRA, occurred. The consent form which Rumple signed read in pertinent part:

“2. I hereby authorize and direct the above-named surgeon and/or his associates to provide such additional services for me as he or they may deem reasonable and necessary, including, but not limited to, the administration and maintenance of the anesthesia, and the performance of services involving pathology and radiology, and I hereby consent thereto.
“3. I understand that the above-named surgeon and his associates or assistants will be occupied solely with performing such operation, and the persons in attendance at such operation for the purpose of administering anesthesia, and the person or persons performing services involving pathology and radiology, are not the agents, servants or employees of Bloomington Hospital nor of any surgeon, but are independent contractors and as such are the agents, servants, or employees of myself.” (Emphasis added.)

Rumple argues that from this form, appel-lees “assumed the discretion to impose unauthorized services upon appellant” in violation of the doctrine of informed consent. The Indiana Hospital Association, which has filed an amicus curiae brief, contends the doctrine of informed consent is not applicable to the case at hand. We agree.

As stated by Judge Miller in Revord v. Russell, (1980) Ind.App., 401 N.E.2d 763, 767: “The issue in informed consent is whether the patient was subjected to the inherent risks of the proposed treatment without being permitted to intelligently reject or accept treatment; ...” The doctrine of informed consent usually arises in a situation where a physician failed to fulfill his or her duty to inform the patient of the risks of proposed treatment or where the physician was liable for treatment of the patient beyond that which was authorized. Neither of those situations are present in the case at bar.

Rumple also alleges the consent form is a contract of adhesion and thus is void. He states that the form is a standardized form which was presented to him by a party with greater bargaining power. He contends there was no bargaining between the parties as to its contents; rather, if he wanted medical treatment for his son, then he had to sign the form as presented. This lack of negotiation, he contends, makes the contract unenforceable, and he cites us to Weaver v. American Oil Co., (1971) 257 Ind. 458, 276 N.E.2d 144. We find that the present case does not fall within the rule of Weaver and its progeny.

In Weaver, our supreme court held that a hold harmless clause in a service station lease was unconscionable and unenforceable. Each year Mr. Weaver, a man with only one and one-half years of high school education, was presented a printed lease by the agent of American Oil and was told to sign it. Mr.

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Rumple v. Bloomington Hospital
422 N.E.2d 1309 (Indiana Court of Appeals, 1981)

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Bluebook (online)
422 N.E.2d 1309, 1981 Ind. App. LEXIS 1530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rumple-v-bloomington-hospital-indctapp-1981.