Smith v. Haugland

762 N.W.2d 890, 2009 Iowa App. LEXIS 100, 2009 WL 249642
CourtCourt of Appeals of Iowa
DecidedFebruary 4, 2009
Docket07-1697
StatusPublished
Cited by1 cases

This text of 762 N.W.2d 890 (Smith v. Haugland) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Haugland, 762 N.W.2d 890, 2009 Iowa App. LEXIS 100, 2009 WL 249642 (iowactapp 2009).

Opinion

*893 POTTERFIELD, J.

The plaintiffs brought this medical malpractice action seeking damages arising from complications suffered by Louetta Smith after surgical treatment for benign premature ventricular contractions (PVCs). 1 The plaintiffs claimed the doctor failed to obtain informed consent and failed to pursue a more conservative course of treatment. These claims were supported by their expert, Dr. Kenneth Brown, a cardiologist who specialized in nuclear cardiology and had experience regarding the treatment of this benign condition. The jury found the defendants — an electrophysiologist and his medical group — negligent and awarded plaintiffs $1,628,498.04 in damages. On appeal the defendants assert the plaintiffs’ expert was not qualified under Iowa Code section 147.139 (2005) to give an opinion on the specialized medical care in dispute and that their request for a new trial should have been granted.

I. Background Facts and Proceedings.

Louetta Smith, age 76, was bothered by intermittent left-sided chest pain and occasional palpitations of her heart. She was especially concerned because her father had died of a heart attack when she was ten years old. Louetta had a fifty-year history with her family physician, Dr. Rá-him Bassiri. In November 2002, on the advice of Dr. Bassiri, Louetta made an appointment with a cardiologist, Dr. Frank Haugland, to evaluate her chest pain and arrhythmias.

On November 6, Dr. Haugland wrote to Dr. Bassiri concerning his assessment and plan:

Frequent PVCs. Based on the treadmill exercise test these PVCs appear to be of right ventricular outflow tract origin. In most cases these PVCs are benign. Based on her examination today she has a fairly normal cardiac examination. I have requested a cardiac echo to be obtained to evaluate left ventricular systolic function and suspected aortic sclerosis. I have recommended a trial of low-dose Rythmol therapy starting at 75 mg by mouth twice daily. If her overall left ventricular systolic function is normal we will try to adjust the dose of Rythmol to suppress her arrhythmias and see whether or not the rest of her symptoms resolve. If there are significant abnormalities on the echo or she has persistent symptoms in spite of suppression of the PVCs I would then likely recommend that she undergo an Adeno-sine Cardiolite scan as she has very poor exercise tolerance during her treadmill to look for any evidence of myocardial ischemia.

On April 21, 2003, Dr. Haugland wrote to Dr. Bassiri again. Dr. Haugland noted that Louetta has been taking Rythmol, which is “less effective as time has gone by.” He further noted Louetta is reporting more episodes of irregular heartbeat in association with atypical chest pain and that she is having symptoms of “palpitations, fatigue, pain in her leg, and night sweats.” Dr. Haugland wrote:

Frequent PVCs of right ventricular outflow tract origin. These are no longer well controlled with Rythmol therapy. I have counseled her regarding this. She would like to have these fixed, if possible. I think it is reasonable to proceed with electrophysiology testing and ra-diofrequency ablation of the ectopic fo- *894 eus. It is likely that these are of right ventricular outflow tract origin. There is a small possibility that these may be actually in the left ventricular outflow tract. Regarding the testing, I discussed with her the nature of the procedure, the goals, and risks involved. She understands and agrees to proceed.

On April 24, 2003, Louetta was to undergo outpatient electrophysiology testing and radiofrequency ablation — a procedure that is designed to pinpoint the areas of the heart that are “misfiring” and uses radiof-requency energy to destroy abnormal electrical pathways in heart tissues. Unfortunately, while performing the procedure, Dr. Haugland perforated Louetta’s right ventricular wall, resulting in a cardiac tam-ponade — the sac around the heart filled with blood and kept the heart from beating. Emergency cardiac surgery was required to repair the perforation and to drain the blood from around the heart. Louetta then developed cerebral anoxia-lack of oxygen to the brain — and suffered two strokes.

Louetta was placed in intensive care, where she stayed for eighteen days. She was taken off the ventilator about May 9, 2003. At that time medical caregivers noted she was having cognitive difficulties, including confusion, numbness and weakness to the right foot, slurred speech, and problems with coordination.

Louetta spent several more days in the hospital and then was transferred to a rehabilitation unit for sixteen days. She was discharged on June 4, 2003, and continued to receive outpatient rehabilitative services to help her to regain as much functioning as she was able.

Louetta and her husband, Richard Smith, brought this suit against Dr. Haug-land and his medical group, Heart and Vascular Care, alleging negligence and loss of consortium.

Prior to trial, the defendants moved in limine to disallow, among other things, statements by plaintiffs’ counsel “regarding the effect of the verdict to promote general or special deterance [sic] by using terms such as: ‘punish,’ ‘set an example,’ ‘send a message’ or similar language associated with punitive or exemplary damages.” Plaintiffs did not resist this aspect of the motion in limine: the response reads, “[t]here is no claim for punitive damages and Plaintiffs’ counsel has no intentions of using such wording in argument or otherwise.”

Defendants also moved to exclude the testimony of the plaintiffs’ expert witness, Dr. Kenneth Brown. Relying upon Iowa Code section 147.139, 2 the defendants contended that Dr. Brown was not qualified to testify whether radiofrequency ablation was an appropriate option for treatment because he was not an electrophysiologist and could not offer an opinion as to the standard of care of an electrophysiologist.

A hearing was held just prior to trial on the motions in limine and the motion to exclude. With respect to the motion concerning “[c]omments about the verdict as punishment,” plaintiffs’ counsel stated: “I don’t intend to do that” and the district court sustained the motion.

With respect to the motion to exclude, defendants’ counsel argued that Dr. *895 Brown, a specialist in nuclear cardiology, was not a heart rhythm specialist and had never performed an ablation procedure and was thus “not qualified to express any opinion in this case as to whether Dr. Haugland was within the standard of care to give Mrs. Smith the option of a radiofre-quency ablation to treat her arrhythmias.” The district court overruled the motion to exclude and the case proceeded to trial.

Dr.

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762 N.W.2d 890, 2009 Iowa App. LEXIS 100, 2009 WL 249642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-haugland-iowactapp-2009.