Smith v. Knowles

281 N.W.2d 653 (1979)

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Nature of the Case

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Facts

Both mother and child died as a result of toxemia of pregnancy or eclampsia. Smith (P) claims that Knowles (D) was negligent in failing to make a timely diagnosis of the mother's pre-eclampsia and that D was further negligent in treating the problem once it was discovered. It was disputed at trial on whether D had been informed of conditions and whether he took the symptoms seriously enough to warrant hospitalization. The mother was eventually admitted to the hospital, and medication was ordered immediately but never given. D then called the hospital again and ordered magnesium sulphate, but it was not given until after the first convulsion. D arrived at the hospital and assumed that all the drugs ordered had been administered. The mother lost consciousness, and eventually, a Cesarean delivered the stillborn baby. The mother was declared brain dead 6 days later. At trial P only examined D and presented general information from medical texts to attempt to discern the standard of care. No medical expert testimony was introduced to allege that D did not conform to the standard of care. The trial court determined that P failed to present sufficient competent medical testimony to allow the case to go to the jury. A motion to dismiss was granted.