Evans v. Griswold, No. 22794

• Court: United States State Supreme Court of Idaho
• Writing for the Court: SILAK; TROUT
• Citation: 935 P.2d 165,129 Idaho 902
• Parties: Colleen EVANS, Plaintiff-Appellant, v. Garry GRISWOLD, an individual, dba Ada-Boise Vision Clinic, Defendant-Respondent. Boise, January 1997 Term
• Decision Date: 07 April 1997
• Docket Number: No. 22794

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935 P.2d 165 129 Idaho 902 Colleen EVANS, Plaintiff-Appellant,
v.
Garry GRISWOLD, an individual, dba Ada-Boise Vision Clinic, Defendant-Respondent. No. 22794. Supreme Court of Idaho, Boise, January 1997 Term.
April 7, 1997.

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Lawrence G. Sirhall, Jr., argued and Iver J. Longeteig III, Boise, for Plaintiff-Appellant.

Quane, Smith, Howard & Hull, Boise, for Defendant-Respondent. Bruce R. McAllister argued, Boise.

SILAK, Justice.

This is a malpractice action against an optometrist. The optometrist prescribed an antibiotic, Gentamicin, for a low grade infection. The appellant experienced a toxic reaction to Gentamicin. The district court granted the optometrist's summary judgment motion on the basis that appellant's expert witness, an ophthalmologist, failed to demonstrate familiarity with the standard of care applicable to the practice of optometry. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

Appellant Colleen Evans (Evans) contacted Eye Masters, a retail optical store, regarding a vision check-up. An employee of Eye Masters referred Evans to the independent optometrist at Master Eye Associates where she met Respondent Garry Griswold (Dr. Griswold) on October 29, 1993. Dr. Griswold was either an employee and/or independent contractor of Master Eye Associates on that date.

Dr. Griswold examined Evans' eyes and wrote a prescription for new glasses. Griswold also suspected that Evans suffered from keratoconjunctivitis, a bacterial infection. As a result, Dr. Griswold prescribed Gentamicin, a therapeutic pharmaceutical agent.

Evans used the medication in accordance with Dr. Griswold's instructions over the ensuing weekend. On Monday, November 1, 1993, Evans' eye infection had worsened. She visited Dr. Griswold's office at Ada-Boise Vision Clinic. Dr. Griswold's optometry notes from that day state: "Pt. self treated 'eye infection' 1-2 wks ago with erythromycin--seemed to get better. Noted eyes matted shut this a.m. Felt vision getting worse." Under a section titled "Plan", Griswold wrote: "Stop all meds to rule out toxic rxn, if condition worsens consider culture and sensitivity and change to ciloxin to rule out bact. keratoconjunctivitis."

On November 2, 1993, Evans called Dr. Griswold regarding the deterioration of her

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eyesight. Griswold instructed her to go to St. Luke's Medical Center out-patient laboratory and have a culture performed on her eyes. On November 3, 1993, Dr. Griswold called Evans and informed her that after 24 hours, no organisms had been detected. Dr. Griswold informed Evans that she did not have a bacterial infection, but that she probably had a viral infection. Dr. Griswold told Evans to continue using the Ciloxin to prevent any secondary infections from occurring.

In spite of the elimination of Gentamicin, Evans' eye condition appeared to worsen. Evans returned to Dr. Griswold's office on November 13, 1993. Dr. Griswold performed another examination of Evans' eyes and believed that she was in the middle phase of the viral infection. He instructed Evans to resume using the Gentamicin for the next ten days.

On November 15, 1993, Evans decided to obtain treatment from ophthalmologist Dr. Mark Borup (Dr. Borup). He examined Evans' eyes and concluded that she was suffering from a moderate toxic reaction to the Gentamicin or preservatives contained in the Gentamicin solution. Dr. Borup also thought it was possible that Evans was suffering from a viral or bacterial infection or both. To counteract the toxic reaction, Dr. Borup stopped the antibiotics for four days, and prescribed a lubricating steroid ointment to soothe and heal the eyes. By November 22, 1993, Evans had improved. By November 29, 1993, she had continued to improve, but showed symptoms of a severe dry eye condition, which, according to Dr. Borup, is quite common for middle aged patients in the dry climate of Idaho.

In January 1995, Evans filed suit against Dr. Griswold alleging that he violated the optometry standard of care by failing to recognize a toxic reaction to taking Gentamicin. Evans also alleged that Dr. Griswold violated the optometry standard of care by failing to refer her to a physician at an earlier point in time.

Dr. Griswold filed a motion for summary judgment and his own supporting affidavit. In his affidavit, Dr. Griswold stated that he is a licensed optometrist, that he had actual knowledge of the standard of care applicable to his treatment of Evans for the year in question, and that his treatment of Evans complied in all respects with the standard of health care applicable to individuals engaged in the practice of optometry in Boise, Idaho.

Evans filed an affidavit of Dr. Borup in opposition to Dr. Griswold's motion for summary...