Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

negligencetrialtestimonymalpractice
testimonymalpractice

Related Cases

Sparger v. Worley Hospital, Inc., 547 S.W.2d 582
View Case »
Foster v. Traul, 145 Idaho 24, 175 P.3d 186
View Case »
Havens v. Hoffman, 902 P.2d 219
View Case »
Kearl v. Lederle Laboratories, 172 Cal.App.3d 812, 218 Cal.Rptr. 453, 54 USLW 2232
View Case »
Leach v. Drummond Medical Group, Inc., 144 Cal.App.3d 362, 192 Cal.Rptr. 650, 1983-2 Trade Cases P 65,604
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

Miller v. Jacoby, 145 Wash.2d 65, 33 P.3d 68

Facts

Mary Lou Miller was admitted to Northwest Hospital for surgery to remove kidney stones and repair a malformed kidney. During the procedure, Dr. Ireton placed a Penrose drain to aid healing, intending for it to be removed later. After surgery, Dr. Jacoby and nurse Rockom attempted to remove the drain, but Rockom encountered resistance. Jacoby removed the drain but expressed uncertainty about whether it was fully removed. Miller later experienced pain and underwent further surgery, which revealed a portion of the drain was left inside her body.

On January 30, 1997, Mary Lou Miller (Miller) was admitted to Northwest Hospital by her physician, Robert C. Ireton, M.D. (Ireton). Miller underwent surgery to remove kidney stones (pyelolithotomy) and to repair a malformed right kidney (pyeloplasty). According to Ireton, the surgery was 'uneventful and without complications.' Before final closure of the incision, Ireton placed a Penrose drain in the wound to facilitate postoperative healing.

Issue

Whether expert medical testimony is necessary to determine if the health care providers' actions in placing and removing the Penrose drain constituted negligence.

Whether the drain was negligently placed during surgery is not readily observable to laypersons, and thus expert testimony must be presented to establish the standard of care necessary during the procedure.

Rule

Expert testimony is generally required to establish the standard of care in medical malpractice cases, except in cases where the negligence is apparent to laypersons, such as leaving a foreign object in a patient's body.

Generally, expert testimony is necessary to establish the standard of care for a health care provider in a medical malpractice action.

Analysis

The court determined that while expert testimony was necessary to assess the standard of care for placing the Penrose drain, the failure to remove it completely constituted negligence as a matter of law. The court found that the actions of Dr. Jacoby and nurse Rockom could be evaluated under the doctrine of res ipsa loquitur, as leaving a foreign object in a patient is a clear instance of negligence that does not require expert testimony.

The facts of the instant case vary somewhat from a straightforward 'foreign object' case in that Ireton, the surgeon, did not inadvertently leave the Penrose drain in the patient's body. Rather, the drain was deliberately left in place to facilitate recovery. Rockom and Jacoby attempted to remove the drain in a separate, postoperative procedure.

Conclusion

The court affirmed the summary dismissal of Miller's claim against Dr. Ireton but reversed the dismissal of her claims against Dr. Jacoby and Northwest Hospital, allowing the case to proceed to trial.

The summary dismissal of Miller's claim as to Dr. Ireton is affirmed. The summary dismissal of Miller's claims as to Dr. Jacoby and Northwest Hospital is reversed.

Who won?

Miller prevailed against Dr. Jacoby and Northwest Hospital because the court found that there were genuine issues of material fact regarding their negligence in failing to completely remove the Penrose drain.

Miller subsequently sought treatment by Robert Weissman, M.D. (Weissman). On May 23, 1997, Weissman performed surgery to remove the foreign body—a 5.5 centimeter length of collapsed plastic tubing.

You must be