Schulz v. Feigal

142 N.W.2d 84, 273 Minn. 470, 23 A.L.R. 3d 1324, 1966 Minn. LEXIS 848
CourtSupreme Court of Minnesota
DecidedApril 7, 1966
Docket39636
StatusPublished
Cited by13 cases

This text of 142 N.W.2d 84 (Schulz v. Feigal) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schulz v. Feigal, 142 N.W.2d 84, 273 Minn. 470, 23 A.L.R. 3d 1324, 1966 Minn. LEXIS 848 (Mich. 1966).

Opinions

[472]*472Murphy, Justice.

This is an appeal from an order of the trial court denying appellants’ motion for a new trial in a negligence action. It is contended that the trial court erred in refusing to submit to the jury the issue as to whether plaintiff Margaret Schulz’ injury for which she seeks to recover was the proximate result of the admitted negligent act of the defendant physicians’ employee.

From the record it appears that in August 1960 Mrs. Schulz, who at that time was 55 years of age, was a patient of defendant Dr. David W. Feigal. She had been his patient since 1956 when she suffered a heart attack. She had another attack in 1959 but by January 1960 had made a satisfactory recovery. In July 1960, Mrs. Schulz had an eye irritation which Dr. Feigal diagnosed as resulting from a vitamin deficiency. He prescribed daily Bi and Bi2 vitamin “shots” and dark glasses. The vitamins were injected into her hip by either Dr. Feigal or one of his technicians.

On August 3, 1960, Mrs. Schulz came to Dr. Feigal’s office for an injection. At that time Dr. Feigal was out, and the injection was given by one of the employees, defendant Genevieve Smerdon, who had training in medical technology and was experienced in the giving of injections. Instead of giving the prescribed vitamin injections, Mrs. Smerdon mistakenly administered a combination of Bj2 and adrenalin. She immediately realized her mistake and conducted Mrs. Schulz to the electrocardiogram room, which was part of the doctors’ suite, and had her rest on a cot there. Shortly thereafter, Dr. Feigal, who had been attending a luncheon, was located by one of the technicians from defendant physicians’ office. He was advised of Mrs. Schulz’ condition and immediately returned to the office. After the adrenalin was administered, Mrs. Schulz experienced various reactions as a result of the increased speed of her metabolism, including chills, rapid pulse, headaches, sensations of choking, and inability to speak. On Dr. Feigal’s return, he examined her with a stethoscope, administered Sparine, a tranquilizer, and took two electrocardiograms.

The Sparine was calculated to counteract or neutralize the effect of the adrenalin injection. It was apparently Dr. Feigal’s intention that Mrs. [473]*473Schulz remain in the electrocardiogram room until she had sufficiently recovered so that she could be sent home or to the hospital. While she was in this room, she was ill and nauseated and left it unobserved to go across the hall to the washroom. At that point she fainted and fell as a result of which she sustained certain injuries. After the fall, she was found by members of the doctors’ staff, who arranged to have her taken by ambulance to the hospital where she remained for two days. She had deep abrasions in her center lower back. She was referred to Dr. Paul Gustafson who treated her up to the time of trial. She was hospitalized on three occasions for varying lengths of time thereafter. Her condition, resulting from the fall, was diagnosed as a hip wrench, and Dr. Gustafson gave as his opinion that she had suffered a 10-percent permanent partial disability of her right leg and 8-percent partial disability of her whole body. The evidence indicates that Mrs. Schulz had a history of fainting spells, extending from before her heart attack in 1955 to after her fall in 1960. It was the opinion of doctors on both sides that part of her difficulty resulted from a neurosis or functional overlay, which could not be explained by objective findings.

The jury, in accordance with the court’s instructions, returned a nominal verdict for the plaintiff, limited to damage sustained by the negligence of the doctors’ employee in administering the adrenalin. The trial court considered that the fall was something apart from the negligent administration of the adrenalin and resulted from some independent or intervening cause, for which the defendants were not causally responsible. The jury was told, in substance, that the effect of the defendants’ negligence terminated with the administration of the tranquilizer and that plaintiff could recover for damage caused by the fall only if they found there was a “negligent lack of supervision or care for her after the administration of the counteracting Sparine.” (Italics supplied.) They were told, however, that they could consider the defenses of contributory negligence and assumption of risk. The instruction to which the plaintiff objects is this:

“* * * the Court instructs you as a matter of law that the giving of the mistaken administration of Adrenalin instead of the intended injection of Bi was negligence on the part of the administrator of that injec[474]*474tion. Now, while I instruct you that that is negligence, nevertheless you cannot award damages to the plaintiffs on account of the alleged injury, sustained by Mrs. Schulz in the toilet room unless you find that there was a negligent lack of supervision or care for her after the administration of the counteracting Sparine. If you find that there was not a negligent lack of supervision or care, or if you find that Mrs. Schulz was negligent herself or assumed the risk in attempting to go to the toilet room herself, then the damages, if any, which you may award must be limited to such damages, if any, that you find from the evidence were sustained by the plaintiffs from the temporary effects of the mistaken Adrenalin injection.”

The plaintiffs contend that this instruction was in error in that it incorrectly assumes that there was no evidence from which the jury could find that the fall and consequent injuries were the natural and proximate result of the original negligent act.

Before discussing the law which we think is applicable to the facts in this case, it may be observed that, since the suit was one against physicians and their employees based on negligence, the trial court assumed that his instructions should somehow be geared to the well-established rule that a physician or surgeon is not an insurer of a good result of his treatment and that he is only required to possess the skill and learning possessed by the average member of the school of his profession in good standing in his locality and to exercise that skill and learning with due care. 14 Dunnell, Dig. (3 ed.) § 7488. It is also ordinarily recognized in such an action that whether the treatment was negligent cannot be determined by a jury of laymen without the opinion of medical experts.

It is unnecessary here to review the innumerable authorities dealing with the various facts and situations to which this rule has been applied. They are gathered and reviewed in the recent decision of Miller v. Raaen, 273 Minn. 109, 139 N. W. (2d) 877, which involved asserted negligence on the part of an anesthesiologist in administering an anesthetic which infiltrated the tissues of the patient’s hand, causing damage. In that case, we observed that the infiltration of anesthetic “can and does occur even though no one is negligent.” The record indicated there that individuals have different tolerances for the particular drug given. “Whether defend[475]*475ant should have noticed that something was wrong sooner than he did and taken corrective action as a result is a matter beyond the common knowledge of laymen.” 273 Minn. 118, 139 N. W. (2d) 883. In that case, there was an absence of expert medical testimony to establish negligence on the part of the defendant physician.

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Schulz v. Feigal
142 N.W.2d 84 (Supreme Court of Minnesota, 1966)

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Bluebook (online)
142 N.W.2d 84, 273 Minn. 470, 23 A.L.R. 3d 1324, 1966 Minn. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schulz-v-feigal-minn-1966.