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Keywords

damagesnegligenceverdictjury instructions
plaintiffnegligenceappealjury instructions

Related Cases

Hutchinson v. Broadlawns Medical Center, 459 N.W.2d 273

Facts

Billy Paul Hutchinson was hospitalized after a heart attack, during which an intravenous catheter was left in his arm for six days, leading to a severe staph infection. Despite treatment attempts, the infection spread, ultimately causing Hutchinson's death after heart bypass surgery. His widow filed a wrongful death action against the hospital and doctors, while the granddaughter sought damages for loss of consortium, which the court dismissed.

On January 20, 1985, Hutchinson was hospitalized at Broadlawns Medical Center following a heart attack. During his hospitalization, an intravenous catheter or IV needle was left in his arm for approximately six days. When the IV was removed, the needle site showed signs of an infection which was thought to be localized.

Issue

Did the district court err in dismissing the granddaughter's claim for loss of consortium and in its jury instructions regarding the standard of care for medical negligence?

Did the district court err in dismissing the granddaughter's claim for loss of consortium and in its jury instructions regarding the standard of care for medical negligence?

Rule

A court must grant requested jury instructions that state correct rules of law unless adequately covered in other instructions. Additionally, loss of consortium claims have traditionally been recognized only for spouses, parents, and children.

A court must grant requested instructions which state correct rules of law, unless the concept is embodied in other instructions.

Analysis

The court found that the jury instructions adequately covered the issues of negligence and the standard of care required of medical professionals. The refusal to grant the granddaughter's claims was based on the interpretation of Iowa Code section 613.15, which does not recognize grandparents as eligible for recovery of damages for loss of services.

Under these circumstances, it was not error to refuse the alternative-treatment instruction, because under the evidence there was no alternative to intravenous injections if the infection was generalized.

Conclusion

The Supreme Court affirmed the district court's dismissal of the granddaughter's claims and upheld the jury's verdict in favor of the estate.

Accordingly, we affirm on both the appeal and cross-appeal.

Who won?

The estate of Billy Paul Hutchinson prevailed in the case, as the court upheld the jury's verdict in favor of the estate and dismissed the granddaughter's claims.

The court agreed with the plaintiffs that these matters were adequately covered in the court's instructions when they are considered as a whole.

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