Smith v. Knowles

281 N.W.2d 653, 1979 Minn. LEXIS 1527
CourtSupreme Court of Minnesota
DecidedMay 18, 1979
Docket48963
StatusPublished
Cited by20 cases

This text of 281 N.W.2d 653 (Smith v. Knowles) 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
Smith v. Knowles, 281 N.W.2d 653, 1979 Minn. LEXIS 1527 (Mich. 1979).

Opinion

SCOTT, Justice.

This is an appeal by plaintiff, Clinton E. Smith, as trustee for the heirs of Diane Smith (his wife) and Baby Girl Smith (his stillborn child), from an order of the district court in Blue Earth County dismissing plaintiff’s wrongful death actions against defendant, Dr. William David Knowles. *654 The dismissals were granted, upon motion of defendant at the close of plaintiff’s case, on the ground that the plaintiff failed to offer sufficient expert evidence for the jury to consider his claims of negligence and causation. We affirm.

The actions giving rise to this appeal arose from the deaths of Diane Smith and her unborn child. Both mother and child died as a result of toxemia of pregnancy, or “eclampsia.” 1 These actions were commenced against Diane’s attending physician, Dr. Knowles. Essentially, plaintiff claims that Dr. Knowles was negligent in failing to make a timely diagnosis of Diane’s pre-eclampsia and that he was further negligent in his treatment of that condition once it was diagnosed.

Diane and Clinton Smith were married in 1968. They had one son, Bryan, born December 29, 1971. Diane first saw Dr. Knowles, who is engaged in a general family practice in Mankato, in August of 1972. The doctor graduated from the University of Minnesota Medical School in 1968 and, other than his year of internship, has had no formal postgraduate training. Diane Smith consulted him on September 18,1973, at which time he diagnosed her second pregnancy. From September until her death in February, 1974, she saw Dr. Knowles at one-month intervals.

Clinton Smith testified at trial that his wife’s pregnancy differed markedly from her first one. He indicated that beginning in November she experienced headaches, heartburn, blurred vision, swelling in her legs and ankles and some vomiting. He related that these symptoms continued into December and that Diane took aspirin and antacid tablets throughout this period to alleviate these symptoms. Plaintiff further testified that his wife continued to suffer from nausea, blurred vision, headaches, chest pains and swelling through January and that these symptoms intensified in early February. Plaintiff established that on February 6 and 7 Diane was too sick to go to work. The defense, however, showed that Diane was able to return to work on Friday, February 8, and was able to. accompany her husband to a card club on the night of February 11, 1974.

At trial, plaintiff called several of Diane’s coworkers, friends and relatives who like Mr. Smith testified that they had observed these problems during Diane’s pregnancy and that Diane Smith told them she had reported these symptoms to her doctor. The defense, in turn, called three of Diane’s friends who testified that they had not heard her complain of any sickness during her pregnancy. Further, Dr. Knowles’ receptionist and nurse both testified that they did not recall Diane calling the doctor and complaining of any illness.

At trial, Dr. Knowles testified 2 that a pregnant woman with pre-eclampsia would experience persistent headaches, massive edema of the hands and face, chest pain and blurred vision. He further testified, however, that prior to February 13, he did not note any of the danger signals of pre-ec-lampsia in his examinations of Diane Smith. Rather, Dr. Knowles testified that, as of her January 16 office visit, Diane did not have pre-eclampsia. He based his conclusion on the facts that on January 16 (as on all prior visits), Diane’s blood pressure was normal and “her urine was normal for protein.”

On February 13, 1974, Diane Smith awoke sick, but decided to go to work. After arriving at work, she called Dr. Knowles’ office and was told to come in. Dr. Knowles testified that she complained of headache, nausea, vomiting and blurred vision. His examination of her revealed *655 that she had edema, that her blood pressure was significantly elevated and that her urine was thick and brownish and had a plus-three albumin level. He testified that he then diagnosed pre-eclampsia and admitted her to the hospital. Mr. Smith, however, testified that his wife called him at work and asked him to come and pick her up at Dr. Knowles’ office. He testified that when he arrived, Diane was crying and Dr. Knowles told him to take her home for “rest and medication.” Mr. Smith claims Dr. Knowles admitted Diane to the hospital only after he urged the doctor to do so.

Diane was admitted to the hospital at approximately 11:45 a. m. Prior to her arrival, Dr. Knowles called the hospital and verbally ordered that, at the nurse’s discretion, Diane be given Tylenol with Codeine. That medication was never given. Dr. Knowles next spoke to hospital personnel at 1 p. m. He testified that Diane had not yet begun to convulse and that he ordered that she be given 10 milliliters of magnesium sulphate intramuscularly. 3 Dr. Knowles testified that, either while he was on the phone, or immediately after he hung up, but in either event after he had prescribed the magnesium sulphate, Diane suffered her first convulsion. The nurses’ notes reflect only that both Dr. Knowles’ second call and the convulsion happened at approximately 1 p. m. It is undisputed, however, that Diane did not receive any magnesium sulphate until after her first convulsion.

Dr. Knowles arrived at the hospital between 1:30 and 2 p. m. and, upon the recommendation of Dr. Eisenbeis (an internist), ordered that Diane receive additional magnesium sulphate intravenously. At 3:20, again on Dr. Eisenbeis’ recommendation, Dr. Knowles ordered more magnesium sulphate for Diane. He assumed that all the magnesium sulphate ordered was administered. Diane was responsive after her first convulsion and complained of a headache, but lost consciousness around 2:30. At 6:40 p. m., Dr. Knowles called Dr. Howard, an obstetrician, and asked for his assistance. Late that evening, after the doctors could no longer hear fetal heart tones, Dr. Howard performed a Caesarean section and delivered a stillborn baby girl. Diane’s condition continued to deteriorate following the operation. On February 19, the doctors administered an encephalogram and determined that Diane’s brain had ceased functioning. Mr. Smith gave his permission for the doctors to discontinue artificial means of life support, and Diane expired.

At trial, plaintiff sought to show that Dr. Knowles was negligent in both his diagnosis and treatment of Diane’s condition. The trial court concluded that plaintiff failed to present sufficient competent medical testimony to allow the case to go to the jury, and thus granted defendant’s motion to dismiss. Therefore, the question before us is whether, in light of the testimony presented, the trial court erred in dismissing these actions. Treating the dismissal as a directed verdict, this court must give effect to the established rule that a motion for a directed verdict, “ * * * accepts the view of the entire evidence most favorable to the adverse party and admits the credibility * * of the evidence in his favor and all reasonable inferences to be drawn therefrom * Hanson v. Homeland Insurance Co. of America, 232 Minn. 403, 405, 45 N.W.2d 637

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Cite This Page — Counsel Stack

Bluebook (online)
281 N.W.2d 653, 1979 Minn. LEXIS 1527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-knowles-minn-1979.