Williams v. Wadsworth

503 N.W.2d 120, 1993 Minn. LEXIS 504, 1993 WL 272391
CourtSupreme Court of Minnesota
DecidedJuly 23, 1993
DocketC3-92-550
StatusPublished
Cited by7 cases

This text of 503 N.W.2d 120 (Williams v. Wadsworth) 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
Williams v. Wadsworth, 503 N.W.2d 120, 1993 Minn. LEXIS 504, 1993 WL 272391 (Mich. 1993).

Opinion

OPINION

COYNE, Justice.

On the appeal of plaintiff Helen Williams, trustee for the heirs of decedent Teddy Vetaw, the court of appeals reversed the summary judgment entered in favor of defendant-physicians Deborah Wadsworth and Robert Ulstrom, concluding that the trial court erred in determining that the plaintiffs’ expert witness was not qualified to offer an expert opinion with regard to the appropriate standard of care for either of the plaintiff’s negligent treatment or negligent nondisclosure claims. Williams v. Wadsworth, 490 N.W.2d 426 (Minn.App. 1992). We reverse and reinstate the summary judgment.

Fifteen-year-old Teddy Vetaw was admitted to the University of Minnesota Hospital on October 10, 1988 for evaluation and treatment of exudative enteropathy, i.e., chronic diarrhea, the effect of which is to drain plasma protein levels from the body rendering it incapable of preventing edema. The condition was yet another in a lengthy series of complications related to Vetaw’s incurable congenital heart defects, including tricuspid atresia, transposition of the great vessels and pulmonary stenosis.

Prior to this hospitalization, Vetaw had undergone several heart surgical procedures on three earlier occasions: when he was 3 months of age, at 4 years of age, and *122 again when he was 10 years old. Shortly after the last of the surgeries, a modified Fontan anastomosis, Vetaw developed a chylothorax requiring the ligation of his thoracic duct.

By the time of this hospitalization, Ve-taw’s health had been deteriorating for some time. He was the size of an 11 or 12-year-old child, and showed no signs of puberty although he was 16 years of age. In addition to the symptomatic continuing diarrhea, he suffered from symptomatic hy-pocalcemia and edema of his face and extremities. His attending physicians at the Hennepin County Medical Center referred him to the University of Minnesota for specialized care under the direction of defendant Dr. Robert Ulstrom, a staff physician specializing in pediatric endocrinology.

Shortly after the referral, Vetaw’s physicians commenced intravenous feeding and, when that proved insufficient to provide the necessary nutrition, a central hyperali-mentation catheter was inserted. A heart catheterization procedure was also utilized to verify Vetaw’s circulatory anatomy; it revealed that Vetaw’s right side pressures were mildly elevated and that no intrapul-monary shunting was present. The results of that procedure and pulmonary tests indicated to the treating physicians that further heart surgery was necessary but it was decided that before that surgery was performed, further diagnostic information should be obtained by a lymphangiogram.

As Dr. Ulstrom testified at his deposition, he suspected that Vetaw’s “lymphatic system was not the only but the main pathology leading to his exudative enteropa-thy, his subsequent hypocalcemia and his malnutrition and poor growth.” He further testified that a lymphangiogram was indicated because, in his view, it was the “only way of looking at the dynamics of lymph flow up through the abdominal region.” Dr. Ulstrom thought that the lym-phangiogram would provide the key to unlock the question of what could be done to make Vetaw better, that they might be able to discover whether some repair, revision, or rerouting of the lymph channels would improve the drainage of the lymph. He did not believe that a less intrusive procedure, such as a CAT scan, was an option and, after the medical team had reviewed the results of the heart catheteri-zation and other tests and discussed the proposed procedure, all agreed that the catheterization did not reveal any shunting that would indicate that Vetaw was at risk for brain embolization and that if the exploratory procedure was performed, an “increased risk [due to Vetaw’s medical history] was not recognized, but an increased possible benefit was.”

Dr. Ulstrom, according to his own testimony, did not discuss the lymphangiogram procedure with Vetaw but did so with his mother. He did not inform either the plaintiff or her son that the test presented any specific dangers. However, Dr. Deborah Wadsworth, a second-year radiology resident, obtained the plaintiff’s signature on the consent form. At her deposition, Dr. Wadsworth testified that she had no other involvement in the treatment or procedures performed on Vetaw and that, while she could not remember her exact conversation with the plaintiff, it was her custom to take about ten to fifteen minutes to explain the procedure involved when obtaining consent forms. She testified that she told the plaintiff that the two main risks from the procedure would be an allergic reaction to the iodine contrast material and a pulmonary edema and that, similarly, it was her custom to inform the plaintiff of the usual risks which attend any kind of surgical procedure, including bleeding and infection. She did not recall whether she informed Williams that there was any possibility of death from the procedure but did explain that the main benefit was that the physicians could obtain the information about the protein-losing enteropathy that could result in medical or surgical intervention. She acknowledged that she did not inform the plaintiff about any possible alternatives to the procedure because she did not believe that there was any other method by which the physicians could obtain comparable information.

The plaintiff testified that Dr. Wads-worth did obtain her consent, informing her that it was “just a simple procedure” and *123 that she could go home while it was carried out on her son. She was unable to recall talking to Dr. Ulstrom prior to the performance of the lymphangiogram.

The lymphangiogram was performed on October 27, 1988 under general anesthesia. The injected dye entered the lower extremity lymphatic channels appropriately, but when it reached the level of the pelvic lymphatics, it moved very rapidly and began shunting to the venous system at the level of the upper abdomen. The procedure was stopped immediately but the dye already present in the body continued to advance and quickly made its way into Vetaw’s left lung, causing a pulmonary embolism. Vetaw was admitted to the intensive care unit and entered into a coma on the morning of October 28. The injected dye eventually traveled to his brain, causing a cerebral embolization. He never regained consciousness and his death occurred one week later, after he developed ventricular arrhythmias and cardiac failure.

The plaintiff initially commenced this action against defendant Dr. Wadsworth, alleging that she had negligently performed the lymphangiogram. The trial court then granted her motion to amend her complaint to state a claim for negligent nondisclosure against Dr. Wadsworth and newly asserted claims of negligent treatment, as well as negligent nondisclosure, against Dr. Ul-strom. The defendants moved for summary judgment after a trial deposition was taken of Williams’ expert witness, cardiologist Dr. Richard Friedlander.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jolene Luczak v. St. Mary's Medical Center
Court of Appeals of Minnesota, 2024
Stowell v. Huddleston
643 F.3d 631 (Eighth Circuit, 2011)
Teffeteller v. University of Minnesota
626 N.W.2d 201 (Court of Appeals of Minnesota, 2001)
Shea v. Esensten
622 N.W.2d 130 (Court of Appeals of Minnesota, 2001)
Bigay v. Garvey
562 N.W.2d 695 (Court of Appeals of Minnesota, 1997)
Koch v. Mork Clinic, P.A.
540 N.W.2d 526 (Court of Appeals of Minnesota, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
503 N.W.2d 120, 1993 Minn. LEXIS 504, 1993 WL 272391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-wadsworth-minn-1993.