Andreini v. Hultgren

• Decision Date: 17 September 1993
• Docket Number: No. 910173,910173
• Citation: 860 P.2d 916
• Parties: Eugene R. ANDREINI, Plaintiff and Appellant, v. Bruce HULTGREN, M.D., R. David Beck, M.D., and Holy Cross Hospital, a Utah corporation, Defendants and Appellees.
• Court: Utah Supreme Court

Page 916

860 P.2d 916

Eugene R. ANDREINI, Plaintiff and Appellant, v. Bruce HULTGREN, M.D., R. David Beck, M.D., and Holy Cross

Hospital, a Utah corporation, Defendants and Appellees.

No. 910173.

Supreme Court of Utah.

Sept. 17, 1993.

Matt Biljanic, Midvale, for Andreini.

J. Anthony Eyre, Robert H. Rees, Salt Lake City, for Hultgren.

Philip R. Fishler, Salt Lake City, for Beck.

David W. Slagle, Salt Lake City, for Holy Cross.

ZIMMERMAN, Justice:

Eugene R. Andreini appeals from two summary judgments dismissing his medical malpractice suit against Bruce Hultgren, M.D., an anesthesiologist; R. David Beck, M.D., an orthopedic surgeon; and Holy Cross Hospital. The dispute arose out of an operation that Andreini claims was negligently conducted and resulted in a compression paralysis of both his hands. In the first summary judgment, the trial court dismissed Andreini's claim against Hultgren because it found that his claim was time-barred by the two-year limitation period in the Utah Health Care Malpractice Act ("Act"). Utah Code Ann. § 78-14-4(1). Alternatively, the court reasoned that Andreini failed to request a prelitigation review within sixty days after serving Hultgren with a notice of intent to commence action, also required by the Act. Id. § 78-14-12(2). In the second summary judgment, the court dismissed Andreini's claims against Beck and Holy Cross Hospital because Andreini had signed a form releasing both the surgeon and the hospital from liability. We reverse both summary judgments.

In reviewing a summary judgment, we construe the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. E.g., Estate Landscape v. Mountain States, 844 P.2d 322, 324 n. 1 (Utah 1992); Butterfield v. Okubo, 831 P.2d 97, 99 (Utah 1992). We recite the relevant facts accordingly. E.g., Butterfield, 831 P.2d at 99.

On May 5, 1987, Andreini entered Holy Cross Hospital and underwent surgery on his right knee. Dr. R. David Beck, an orthopedic surgeon, performed the operation. He was assisted by Dr. Bruce Hultgren, an anesthesiologist, and several nurses employed by Holy Cross. On May 6, 1987, while still in the hospital, Andreini noticed a "pins and needles" sensation in both hands. While it is unclear from the record exactly when he noticed additional symptoms, by May 19, 1987, the date of discharge, Andreini exhibited noticeable atrophy of both hands. His discharge summary indicated that he had sustained a bilateral ulnar neuropathy, a deterioration of the nerves extending from his arms into both hands. However, the discharge summary did not suggest a cause. Andreini contends that none of the doctors or nurses made this diagnosis known to him prior to his discharge, and that, when he became aware of the diagnosis during his discharge, no one offered an explanation as to its meaning. Andreini claims that Beck told him his condition was probably the result of lying in bed or that it could be due to "heredity" or his "physical structure."

On July 2, 1987, Andreini visited Dr. Nathaniel M. Nord, who informed him that he had suffered a compression paralysis of both hands. Nord, however, did not express an opinion as to the cause. After Nord reported his findings to Beck, Beck suggested to Andreini that a second surgery be performed to correct the condition. Beck said that he would ask the hospital to waive its charges for the corrective surgery and that he would allow Andreini to make payments to cover his fee. The surgery was scheduled for July 9, 1987.

Approximately one week before the scheduled operation, a nurse apparently not associated with defendants told Andreini that the compression paralysis in his hands might have resulted from the improper strapping of his wrists during surgery. Andreini claims this was the first time he became aware that improper strapping was a possible cause of his injury.

On July 9th, Andreini arrived at Holy Cross Hospital and was prepared for surgery. At some point between one-half to one hour before surgery was to begin, a Holy Cross employee presented Andreini with a release form and asked him to sign it. Andreini refused. The employee then arranged to have Beck talk to Andreini by phone. Beck told Andreini that he would not perform the surgery unless Andreini released both him and Holy Cross from future liability. Although visibly upset, Andreini signed the form and underwent the operation. The procedure was unsuccessful. Andreini has lost most of the dexterity in his hands and cannot perform any activity that requires grasping or holding.

On May 12, 1989, Andreini served Hultgren with a notice of intent to commence action, pursuant to section 78-14-8 of the Code. Utah Code Ann. § 78-14-8. On July 19, 1989, Andreini filed a request for prelitigation review and a copy of the notice of intent to commence action with the Division of Occupational and Professional Licensing ("Division"). On the same day, Andreini served Hultgren with the request for prelitigation review. On August 28, 1989, the Division issued an affidavit of compliance stating that Andreini had complied with the procedural requirements of section 78-14-12. See id. § 78-14-12. Andreini then filed a complaint in state district court on September 13, 1989.

Hultgren independently, and Beck and Holy Cross jointly, moved for summary judgment. With respect to the claims against Hultgren, the court found that Andreini's action was time-barred under section 78-14-4(1)'s two-year limitation period. The court alternatively found that Andreini had failed to follow section 78-14-12's procedural requirements by failing to file his request for prelitigation review within sixty days of serving Hultgren with the notice of intent. With respect to the claims against Beck and Holy Cross, the court found that Andreini had released both parties from liability and, as a matter of law, had not signed the form under duress. Andreini now appeals.

In reviewing a summary judgment, we affirm only if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. E.g., Estate Landscape, 844 P.2d at 324 & n. 1; Hill v. Seattle First Nat'l Bank, 827 P.2d 241, 242 (Utah 1992); Brower v. Brown, 744 P.2d 1337, 1338 (Utah 1987). In reviewing a ruling on a motion for summary judgment, we review the trial court's legal conclusions for correctness. E.g., Malone v. Parker, 826 P.2d 132, 133 (Utah 1992); Madsen v. Borthick, 769 P.2d 245, 247 (Utah 1988).

We address three issues raised by Andreini on appeal. ¹ Specifically, we consider whether (i) the trial court correctly found that there is no question of material fact as to whether Andreini knew or should have known of his legal injury on or before July 2, 1987; (ii) the court erred in holding that Andreini's request for prelitigation review was deficient because it was not filed within sixty days of serving the notice of intent to commence the action; and (iii) the court correctly found that no question of material fact exists as to whether Andreini signed the release form under duress.

We turn first to Andreini's contention that the trial court erred in finding that the two-year limitation period set forth in section 78-14-4(1) had run on his claim against Hultgren. Section 78-14-4(1) states in pertinent part:

No malpractice action against a health care provider may be brought unless it is commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs....

Utah Code Ann. § 78-14-4(1) (emphasis added).

The court reasoned that the limitation period for Andreini's claim against Hultgren began "to run on May 11, 1987 in that he was aware of his 'legal injury' at that date." Because Andreini did not serve Hultgren with the notice of intent to commence action until May 12, 1989, one day after the two-year period expired, the court found the claim barred. Andreini concedes that he felt a tingling sensation in his hands on May 11th, but argues that he did not know that he had suffered a legal injury until July 2, 1987, when he was first told that his condition could have resulted from negligence during his knee surgery. He argues that under Foil v. Ballinger, 601 P.2d 144, 147-48 (Utah 1979), his cause of action accrued when he first "knew or should have known" of his legal injury, and a factual question exists as to when that occurred. We agree.

The governing law is clear. The point at which a person reasonably should know that he or she has suffered a legal injury is a question of fact. Brower, 744 P.2d at 1339; see Foil, 601 P.2d at 147-48. Here, the central issue is whether Andreini knew or should have known of the legal injury before July 2, 1987. If he did not, his claim was not barred by the two-year statute of limitations. ²

The evidence on this point conflicts. Hultgren argues that because Andreini felt a tingling sensation on the day following surgery, he was on notice that something had gone wrong during the surgery. In response, Andreini argues that he did not connect the tingling in his hands with the surgery on his knee because his doctor told him that the tingling was the result of lying in bed or his natural physical condition. This is a classic factual dispute that should be resolved by the finder of fact. Therefore, the trial court erred in granting summary judgment on the ground that Andreini knew or should have known of his legal injury on May 11, 1987.

We next consider Andreini's challenge to the trial court's alternative holding that he had failed to comply with the requirements of section 78-14-12(2). That section provides, "The party initiating a medical malpractice action shall file a request for prelitigation panel review with the [Division] within 60 days after the filing of a statutory notice of intent to commence action under section 78-14-8." Utah Code Ann. § 78-14-12(2)....