Wick v. Henderson

485 N.W.2d 645, 1992 Iowa Sup. LEXIS 114, 1992 WL 97512
CourtSupreme Court of Iowa
DecidedMay 13, 1992
Docket90-1667
StatusPublished
Cited by10 cases

This text of 485 N.W.2d 645 (Wick v. Henderson) 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
Wick v. Henderson, 485 N.W.2d 645, 1992 Iowa Sup. LEXIS 114, 1992 WL 97512 (iowa 1992).

Opinions

ANDREASEN, Justice.

The trial court directed a defendants’ verdict in this medical malpractice suit against an anesthesiologist, a professional corporation, and the hospital where surgery had been performed. Plaintiffs’ appeal presents questions on the sufficiency of the evidence to support claims based both on allegations of specific negligence and on the theory of res ipsa loquitur. We reverse and remand.

Plaintiff Dorothy Wick entered defendant Mercy Hospital as a patient on August 12,1987, for gallbladder surgery. Defendant Marvin G. Henderson, a medical doctor specializing in anesthesiology, was employed at the time by defendant Medical Anesthesia Associates, P.C. (MAA). There is no claim or showing that Henderson was personally present during Wick’s surgery; it was attended by James Byrk, a nurse anesthetist who was also employed by MAA. Henderson was one of three anesthesiologists employed by MAA. He was on duty in a supervisory capacity in the operating area at the hospital at the time. Henderson was listed on hospital documents by Byrk as the anesthesiologist for Wick’s surgery.

After Wick was taken to an operating room she was positioned with her back on the operating table and her arms outstretched in what was described as a “crucifix position.” The testimony shows that it was necessary to properly position the [647]*647arm of a patient in this position to avoid damage to the ulnar nerve. Wick’s arms rested on padded extensions that jutted from each side of the operating table. She testified the position caused an uncomfortable feeling to her left arm and shoulder, but she did not communicate this discomfort to anyone. Wick was then placed under anesthesia, and the operation proceeded.

The next thing Wick remembered was waking up in her hospital room. She had no recollection of being taken from the operating room nor did she remember being in the recovery room. Wick had been under a general anesthesia for two and one-quarter hours.

Wick had pain in her left arm upon awakening. She complained of pain and testified the pain was severe and continuing while she was in the hospital. When discharged from the hospital on August 17, 1987, she was told by an anesthesiologist in the hospital that her arm was “stressed” during surgery.

According to her evidence, she sustained a permanent injury to the ulnar nerve located in her upper left arm. She claims damages for a disfiguring scar, a result of corrective surgery, for pain, and for medical expenses, past and future. She sought recovery on theories of specific negligence and res ipsa loquitur against Henderson, MAA, and Mercy. For simplicity, we omit discussion of the loss-of-consortium claim made by Wick’s husband.

At trial, Wick presented testimony of both defendant Henderson and Dr. Alfredo Socarras. Henderson testified he was a supervisor of nurse anesthetists at Mercy. As to the proper standard of care, it was his opinion that either a nurse anesthetist or anesthesiologist is responsible for the proper positioning of a patient’s arm during surgery. In the instant case, Henderson believed that Byrk, the nurse anesthetist, had the responsibility to properly position and pad Wick's arm to protect against ulnar nerve injury.

Socarras completed his medical education in Cuba in 1952. He interned at Mercy Hospital in Des Moines from 1955-57 and at the Mayo Clinic in Rochester, Minnesota, from 1957-60. He is a licensed physician and surgeon in Iowa and for the past thirty years has maintained a practice in neurology in Des Moines.

Socarras testified as to his extensive experience in the field of neurology and to his attendance at seminars, symposiums, and other meetings at which ulnar nerve problems were discussed. He was familiar with medical writings and studies relating to ulnar nerve injuries during surgery. He described the nervous system and offered a detailed description of the ulnar nerve. He stated the damage to the ulnar nerve could result if the patient were not properly positioned and monitored during surgery.

Socarras testified it was the responsibility of the anesthesiologist or anesthetist to position the patient and then monitor the position of the patient during surgery. In his opinion, the main cause of ulnar nerve injury during surgery is the mechanical compression of the nerve by improper positioning of the arm.

Based upon his review of the depositions and records in the case, Socarras offered opinions on how Wick’s ulnar nerve was damaged. He concluded that Byrk failed to properly monitor the position of her arm during surgery. On cross-examination So-carras conceded the injury could also have happened if a surgeon leaned against the patient’s arm for a period of time.

At the close of Wick’s case, all defendants moved to strike the testimony of Socarras. Mercy also moved for a directed verdict. Before considering the motion to strike, the court granted Mercy’s motion for a directed verdict and dismissed the case against it. The court then sustained, in part, the motion to strike and thereafter granted Henderson and MAA a directed verdict resulting in the dismissal of Wick’s case.

I. Directed Verdict.

The trial court granted defendants’ motion for directed verdict at the close of Wick’s evidence. On ruling on a motion for directed verdict, the evidence must be [648]*648viewed in the light most favorable to the party against whom the motion was made, regardless of whether it was contradicted. Iowa R.App.P. 14(f)(2). Where substantial evidence has been presented in support of each element of a claim, a motion for directed verdict should be denied. Reuter v. State Farm Mut. Auto. Ins. Co., 469 N.W.2d 250, 251 (Iowa 1991). The court must draw every legitimate inference in aid of the evidence. Id.

The court’s directed verdict rulings were influenced by the court’s ruling on the defendants’ motion to strike Socarras’s testimony. The court found Socarras “is certainly qualified as a neurologist and qualified to give the opinions that he gave with respect to ulnar nerve injuries.” However, the court found Socarras did not qualify under Iowa Code section 147.139 (1989) “to give the opinions that he gave with respect to the responsibility of the anesthetist to monitor the position, the location, and pressure against the patient’s arm during surgery.” This testimony was then stricken by the court with the additional comment that, if the court incorrectly assumed section 147.139 applied, the testimony would be stricken because Socarras was not qualified to express an opinion as to the standard of care of the anesthetist. We believe the trial court abused its discretion in striking the testimony of Socarras.

We are committed to a liberal rule on admissibility of opinion testimony. DeBurkarte v. Louvar, 393 N.W.2d 131, 138 (Iowa 1986). A physician need not be a specialist in a particular field of medicine to give an expert opinion. Id. An expert witness must be not only generally qualified in a field of expertise; but must also be qualified to answer the particular question propounded. Tappe v. Iowa Methodist Medical Ctr., 477 N.W.2d 396, 402 (Iowa 1991).

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Wick v. Henderson
485 N.W.2d 645 (Supreme Court of Iowa, 1992)

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Bluebook (online)
485 N.W.2d 645, 1992 Iowa Sup. LEXIS 114, 1992 WL 97512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wick-v-henderson-iowa-1992.