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Keywords

tortplaintiffdefendantnegligenceverdictpleamalpracticelease

tortdefendantnegligenceappealverdictpleamalpracticeleaseadoptionappellant

Related Cases

Jones v. Harrisburg Polyclinic Hospital, 496 Pa. 465, 437 A.2d 1134

Facts

Mary Belle Jones underwent surgery at Harrisburg Polyclinic Hospital on May 19, 1972, for gynecological issues, advised by Dr. Beittel. The surgery involved multiple procedures, including a D&C and laparotomy, with Dr. Beittel performing the D&C and participating in the laparotomy. After the surgery, Jones experienced severe pain and was diagnosed with suprascapular nerve palsy, which she claimed was due to the improper positioning of her arm during the operation. The plaintiffs filed a malpractice suit against Dr. Beittel, the nurse-anesthetist, and the hospital, resulting in a jury verdict against all three defendants.

After the surgical procedures were completed, Mrs. Jones was taken to the recovery room and then to her room. Upon regaining consciousness, Mrs. Jones experienced intense pain in her neck, left shoulder and left arm. Mrs. Jones was diagnosed as having suprascapular nerve palsy which was allegedly caused by the malpositioning of her arm on the arm board and the changes in the angle of the operating table during the course of the surgery.

Issue

1) Is the doctrine of res ipsa loquitur applicable in medical malpractice cases? 2) Was the evidence sufficient to support a verdict for the patient based on res ipsa loquitur? 3) Should the verdict against Dr. Beittel be reduced by two-thirds due to a joint tortfeasor release?

The issues presented on appeal are: 1) whether res ipsa loquitur is applicable in medical malpractice cases; 2) if issue no. 1 is answered in the affirmative, whether the evidence was sufficient as a matter of law to support a verdict for appellants on the basis of res ipsa loquitur; and finally 3) whether pursuant to the joint tortfeasor's release, the verdict against Dr. Beittel was properly reduced by one half.

Rule

The doctrine of res ipsa loquitur may be applied in medical malpractice cases, allowing for an inference of negligence when the event is of a kind that ordinarily does not occur in the absence of negligence, and other responsible causes are sufficiently eliminated by the evidence.

Through the adoption of section 328D we rejected our earlier doctrines which combined substantive and procedural concerns with the evidentiary question of the propriety of inferring negligence from the particular circumstances.

Analysis

The court found that the evidence met the criteria for applying res ipsa loquitur, as suprascapular nerve palsy does not typically occur without negligence during the type of surgery performed. The court noted that Dr. Beittel had a duty to monitor the patient's positioning throughout the operation, and the jury could reasonably conclude that he was the responsible cause of the injury. The court rejected the argument that the presence of another physician performing part of the surgery negated Dr. Beittel's responsibility.

The evidence was sufficient to satisfy section 328D(1). We also conclude that the lower court was not in error in holding that the inference could reasonably be drawn by the jury, 328D(2), and that the jury properly determined such inference could be reasonably reached, 328D(3).

Conclusion

The Supreme Court reversed the Superior Court's order and reinstated the judgment of the Court of Common Pleas, affirming that the jury's verdict against Dr. Beittel was supported by sufficient evidence under the doctrine of res ipsa loquitur.

The Order of the Superior Court is reversed and the Judgment of the Court of Common Pleas of Dauphin County is reinstated.

Who won?

Mary Belle Jones prevailed in the case because the court found sufficient evidence to support her claim of negligence against Dr. Beittel based on the application of res ipsa loquitur.

The jury returned a verdict against all three defendants in the amount of Fifty-six Thousand ($56,000) Dollars.

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