Young v. Horton

855 P.2d 502, 259 Mont. 34, 50 State Rptr. 662, 1993 Mont. LEXIS 179
CourtMontana Supreme Court
DecidedJune 10, 1993
Docket92-209
StatusPublished
Cited by2 cases

This text of 855 P.2d 502 (Young v. Horton) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. Horton, 855 P.2d 502, 259 Mont. 34, 50 State Rptr. 662, 1993 Mont. LEXIS 179 (Mo. 1993).

Opinions

[36]*36JUSTICE McDONOUGH

delivered the Opinion of the Court.

This is an appeal from a Fourth Judicial District Court, Missoula County, jury verdict in a medical malpractice action.

There are several issues on appeal:

1. Was there sufficient evidence to support the jury’s verdict that Respondent Dr. Vern H. Horton (Horton) obtained informed consent for the surgery from Appellant Lucille Young (Young)?
2. Were expert opinion and medical journal articles erroneously admitted on the issue of memory and credibility?
3. Did the court abuse its discretion when it refused to allow the Appellants Lucille and Laurence Young (Youngs) to ask hypothetical questions about the law during voir dire?
4. Were the parties affected by a recess of 5 days and one additional day later, during the trial and if so, was Appellants’ right to a fair trial prejudiced because of the recesses?

Lucille Young began experiencing pain in her right leg after walking and when she asked her family doctor, Doctor Coriell about it, he determined that she was suffering from restriction of arterial circulation in the leg. He referred her to Horton for diagnosis and treatment of the problem.

Horton scheduled an arteriogram for Young and when he obtained the results, prescribed surgery to alleviate the condition. Horton performed an aorto-bifemoral bypass on March 3, 1988 at Missoula Community Hospital. As a complication of the surgery, Young suffered a thrombosis of the anterior spinal artery, resulting in paraplegia. The complaint in this action was filed on February 26, 1990.

1. Informed Consent

Youngs argue that there was insufficient evidence for the jury to conclude that Horton obtained informed consent. We cannot agree.

This Court’s function in reviewing jury verdicts is necessarily very limited. We must review the evidence in a light most favorable to the prevailing party to determine whether substantial evidence supports the jury’s verdict. This Court cannot reweigh the evidence or disturb the findings of a jury unless that evidence is so inherently impossible or improbable as not to be entitled to belief.

Sizemore v. Montana Power Company (1990), 246 Mont. 37, 48, 803 P.2d 629, 636 (citations omitted).

Horton testified that he advised Young of the risks of the surgery, such as death, lung damage, and problems with her heart or the graft [37]*37or bleeding when he spoke with her and her husband, Laurence, on March 2, 1988 in her hospital room. Dr. Golding, one of Horton’s medical experts, stated that “his discussion ... covers the significant risks of the operative procedure and would be the standard discussion that a surgeon would have with the patient prior to the surgery.” Dr. Szilagyi, Horton’s other medical expert, stated that “[ajccording to the record, Dr. Horton informed the patient and her husband fully in complete accordance with what now is generally regarded as duty of the surgeon.”

Although the Youngs dispute that there was ever any discussion about the risks of the operation, “when conflicting evidence exists, the credibility and weight given to the conflicting evidence is within the jury’s province.” Whiting v. State (1991), 248 Mont. 207, 213, 810 P.2d 1177, 1181. “[T]his Court will not overturn its determination by weighing conflicting evidence on appeal.” Davis v. L.D.S. Church (1990), 244 Mont. 61, 68, 796 P.2d 181, 185.

The jury concluded that Horton obtained Young’s informed consent before he performed the surgery. We conclude that there is substantial credible evidence to support the jury’s verdict that Horton obtained Young’s consent prior to her surgery.

2. Expert Opinion and Medical Journal Articles

The scope of review for discretionary evidentiary rulings of the trial court is whether there has been an abuse of discretion. Steer Inc. v. Department of Revenue (1990), 245 Mont. 470, 475, 803 P.2d 601, 603-604.

The Youngs argue that the trial court improperly admitted four medical journal articles concluding that the majority of patients forget that they gave informed consent to their doctors prior to surgery. The Youngs contend these articles are improper for three reasons:

a. The articles lack probative value and are unfairly prejudicial.
b. The expert testifying regarding the articles did not give his conclusion to a degree of medical certainty.
c. The respondent violated discovery rules.

a. The Youngs state that “the issue of credibility is supposed to be decided by the jury — not by studies created by strangers which do not even fit the circumstances of the case.” Respondent, however, contends that under Rule 702, M.R.Evid., expert testimony is permit[38]*38ted “if scientific knowledge will assist the jury to understand the evidence to determine a fact in issue.”

We conclude that the medical articles and the related testimony were admissible. The trial court ruled that the expert could testify and refer to the medical articles but they could not go before the jury as exhibits. Further, they could be referred to as accepted studies but the expert was not to testify as to whether Young was advised of the risks of surgery; that would be a question for the jury.

“[The] determination of relevancy and of the admissibility of evidence is within the discretion of the trial court. [W]e will not disturb the District Court’s permission to admit the disputed ... testimony unless the court abused its discretion.” Dahlin v. Holmquist (1988), 235 Mont. 17, 20, 766 P.2d 239, 241. Here, the trial court carefully delineated what was admissible and what was inadmissible. The expert’s testimony was based on four medical journal articles and his own experience as a doctor. He did not testify on “the workings of her mind” nor did he comment as to whether Young had given informed consent.

He did testify as to memory of a specific experience with which he had knowledge and used learned treatises as the basis of his testimony. Testimony by experts is admissible if scientific knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue. Rule 702, M.R.Evid. Here, the trial court determined that this medical doctor had knowledge and experience to testify as to the authoritativeness of the medical journal articles and could assist the jury with information about surgical patients and their memory of informed consent. He could testify as to the conclusions of the medical studies and of his own experience, but not as to the ultimate fact of whether Young gave Horton informed consent. Mahan v. Farmers Union Cent. Exch., Inc. (1989), 235 Mont. 410, 421-422, 768 P.2d 850, 857.

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

Related

Cartwright v. Scheels All Sports, Inc.
2013 MT 158 (Montana Supreme Court, 2013)
Young v. Horton
855 P.2d 502 (Montana Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
855 P.2d 502, 259 Mont. 34, 50 State Rptr. 662, 1993 Mont. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-horton-mont-1993.