Mullins v. Parkview Hospital, Inc

865 N.E.2d 608 (Ind. 2007)

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Nature of the Case

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Facts

Mullins (P) told her gynecologist, that she preferred privacy during her surgery. She crossed out “I consent to the presence of healthcare learners,” and second, she crossed out “I consent to the photography or videotaping of the surgical, diagnostic, and/or medical procedure to be performed providing my name and identity is not revealed.” After P was under anesthesia, Colin White, a Parkview Hospital (D) employee, entered the operating room with LaRea VanHoey, a student in a University of St. Francis emergency medical technician (“EMT”) certification program. This course requires students to perform a specified number of patient intubations. White asked Dr. Carboneau if P was a patient upon whom VanHoey might practice intubation, and Dr. Carboneau said she was. VanHoey tried to intubate P but failed. After VanHoey’s last try, both Dr. Eastlund and Dr. Carboneau saw blood on the tip of VanHoey’s laryngoscope. Dr. Carboneau completed the intubation. P’s esophagus had been lacerated during intubation, and additional surgery was required. An extended period of recuperation followed; P continues to experience pain and inconvenience. P filed a complaint charging Parkview Hospital, Dr. Eastlund, Dr. Carboneau, VanHoey, and University of St. Francis of Fort Wayne, Indiana, Inc., with multiple counts of negligence and other misconduct. A duly constituted Medical Review Panel unanimously found that the evidence did not support the conclusion that Dr. Eastlund, Dr. Carboneau, and Parkview Hospital failed to meet the applicable standard of care as charged in the complaint. Ds then moved for summary judgment, and the trial court granted summary judgment to all Ds. P’s esophagus had been lacerated during intubation, and additional surgery was required. An extended period of recuperation followed; P continues to experience pain and inconvenience. P filed a complaint charging Parkview Hospital, Dr. Eastlund, Dr. Carboneau, VanHoey, and University of St. Francis of Fort Wayne, Indiana, Inc., with multiple counts of negligence and other misconduct. A duly constituted Medical Review Panel unanimously found that the evidence did not support the conclusion that Dr. Eastlund, Dr. Carboneau, and Parkview Hospital failed to meet the applicable standard of care as charged in the complaint. Ds then moved for summary judgment, and the trial court granted summary judgment to all Ds. The Court of Appeals affirmed summary judgment for Parkview Hospital but reversed it in respect to the other defendants. It held that P had sufficiently stated a battery claim against VanHoey and Drs. Eastlund and Carboneau and their practices to avoid summary judgment. This appeal resulted.