Mattox v. Life Care Ctrs. of Am., Inc.
| Decision Date | 29 October 2014 |
| Docket Number | No. 40762.,40762. |
| Citation | 157 Idaho 468,337 P.3d 627 |
| Court | Idaho Supreme Court |
| Parties | Gene L. MATTOX, individually and as Personal Representative of the Estate of Rosamond Vivian Mattox, Plaintiff–Appellant, v. LIFE CARE CENTERS OF AMERICA, INC., d/b/a Life Care of Lewiston, a Tennessee Corporation, Defendant–Respondent, and John Does I–V, Jane Does VI–X, and John Doe Corporations XI–XX, Defendants. |
Law Offices of Todd S. Richardson, PLLC, Clarkston, Washington, for appellant. Todd S. Richardson argued.
Garrett Richardson, PLLC, Eagle, for respondent. Bradley S. Richardson argued.
This is a medical malpractice case arising out of the treatment of Rosamond Mattox at Life Care of Lewiston (LCL). The plaintiff-appellant, Rosamond's son Gene Mattox, claimed that LCL's sub-standard care caused his mother's death. The district court excluded Gene's experts' affidavits after concluding that they failed to demonstrate actual knowledge of the applicable standard of health care practice. The district court then granted summary judgment in favor of LCL.
Life Care of Lewiston is a skilled nursing home that provides long-term and rehabilitative care in Lewiston, Idaho. Rosamond Mattox was a resident of LCL from 2003 until October 31, 2008, when she fractured her femur
in a fall at age eighty-eight. She was transported to Tri–State Memorial Hospital in Clarkston, Washington. Emergency room physicians administered pain medication, after which Rosamond experienced nausea, vomiting, and aspiration. She suffered a progressive decline in respiratory status and was judged to be too unstable to proceed with what would have been a major surgery to repair her fracture. Having been placed in "comfort care" status, Rosamond's respiratory condition continued to decline and she died shortly after midnight on November 1, 2008. Her son, Gene, filed a complaint against Life Care Centers of America, Inc.—the entity that owns and operates LCL—and unnamed individuals involved in the care of his mother, alleging that she had a history of falling, LCL was aware of that history, LCL failed to provide adequate care to prevent future falls and resulting injuries, and LCL's sub-standard care was a proximate cause of her death.
LCL moved for summary judgment on the ground that Gene had failed to identify an expert who could testify that LCL's care fell below the standard of care for a skilled nursing facility in Lewiston in October of 2008 and that he had not produced any evidence that LCL's care was a proximate cause of Rosamond's death. LCL supported its motion with an affidavit from Carol McIver, the Director of Nursing Services for LCL at the time of Rosamond's death. In her very brief affidavit, Nurse McIver opined that "the care and treatment provided to Rosamond Mattox by the staff at Life Care Center of Lewiston complied in all respects with the applicable standard of health care practice."1
Gene responded with two affidavits.2 The first was from Dr. Jayme Mackay, Rosamond's primary care physician. Dr. Mackay stated that LCL's failure to follow his orders and LCL's own care plan for Rosamond was "a breach of the standard of care owed" to her. Dr. Mackay also discussed in detail his view that Rosamond's fall proximately caused her death. The second affidavit was from Wendy Thomason, a nurse with experience in skilled nursing homes outside of the Lewiston area. Nurse Thomason claimed that she acquired knowledge of the local standard of care by conducting interviews with four local professionals, reviewing the affidavit of Nurse McIver, reviewing state and federal regulations, and reviewing material concerning LCL, such as reviews, ratings, awards, and complaints. According to Nurse Thomason, LCL's care for Rosamond fell below the standard of care when it failed to follow Dr. Mackay's orders and its own care plan, which were intended to prevent Rosamond from suffering further falls and resulting injuries.
LCL argued that both affidavits were inadmissible because neither Nurse Thomason nor Dr. Mackay demonstrated that they had actual knowledge of the applicable standard of care as required by Idaho Code section 6–1013. Specifically, LCL argued that neither affidavit was admissible because the affiants failed to show that they had "actual knowledge of the applicable standard of health care practice for a long-term care facility in Lewiston during October of 2008."
The district court issued an opinion and order striking the affidavits of Nurse Thomason and Dr. Mackay and granting summary judgment to LCL. It held that the affidavits failed to establish that either Nurse Thomason or Dr. Mackay had actual knowledge of the "local standard of care for nurses in a skilled nursing facility in Lewiston, Idaho, in October, 2008." As a result, it concluded that neither affidavit was admissible under Section 6–1013. It then granted summary judgment for LCL due to the absence of evidence in the record to raise a question of material fact regarding whether LCL was negligent in caring for Rosamond. The district court thereupon entered judgment in favor of LCL, dismissing the complaint. Gene filed a timely appeal.
"On appeal from the grant of a motion for summary judgment, this Court utilizes the same standard of review used by the district court originally ruling on the motion." Arregui v. Gallegos–Main, 153 Idaho 801, 804, 291 P.3d 1000, 1003 (2012). Summary judgment is proper when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
I.R.C.P. 56(c). When considering "whether the evidence shows a genuine issue of material fact, the trial court must liberally construe the facts, and draw all reasonable inferences in favor of the nonmoving party." Arregui, 153 Idaho at 804, 291 P.3d at 1003.
"The admissibility of expert testimony, however, is a threshold matter that is distinct from whether the testimony raises genuine issues of material fact sufficient to preclude summary judgment." Id. With respect to the threshold issue of admissibility, "[t]he liberal construction and reasonable inferences standard does not apply...." Dulaney v. St. Alphonsus Reg'l Med. Ctr., 137 Idaho 160, 163, 45 P.3d 816, 819 (2002). Instead, "[t]he trial court must look at the witness' affidavit or deposition testimony and determine whether it alleges facts which, if taken as true, would render the testimony of that witness admissible." Id.
"A district court's evidentiary rulings will not be disturbed by this Court unless there has been a clear abuse of discretion." McDaniel v. Inland Nw. Renal Care Grp.-Idaho, LLC, 144 Idaho 219, 222, 159 P.3d 856, 859 (2007). In applying the abuse of discretion standard, we ask three questions: "(1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason." Id. at 221–22, 159 P.3d at 858–59.
Idaho Code section 6–1012 requires a plaintiff bringing a medical malpractice claim to prove by direct expert testimony that the defendant negligently failed to meet the applicable standard of health care practice. That standard is specific to "the time and place of the alleged negligence" and "the class of health care provider that such defendant then and there belonged to...." Id. The defendant's care is judged against "similarly trained and qualified providers of the same class in the same community, taking into account his or her training, experience, and fields of medical specialization, if any." Id. If a plaintiff fails to provide such evidence, the defendant is entitled to summary judgment. Dulaney, 137 Idaho at 164, 45 P.3d at 820.
Idaho Code section 6–1013 governs the manner in which such proof must be provided. When offering the opinion testimony of a "knowledgeable, competent expert" witness, the plaintiff must lay proper foundation by establishing:
(a) that such an opinion is actually held by the expert witness, (b) that the said opinion can be testified to with reasonable medical certainty, and (c) that such expert witness possesses professional knowledge and expertise coupled with actual knowledge of the applicable said community standard to which his or her expert testimony is addressed ....
I.C. § 6–1013 (emphasis added). In addition, the requirements of I.R.C.P. 56(e) apply to "expert medical testimony submitted in connection with a motion for summary judgment." Dulaney, 137 Idaho at 164, 45 P.3d at 820. The party offering an affidavit must show that the facts set forth therein are admissible, that the witness is competent to testify regarding the subject of the testimony, and that the testimony is based on personal knowledge. Id. "Statements that are conclusory or speculative do not satisfy either the requirement of admissibility or competency under Rule 56(e)." Id. As a result, "[a]n expert testifying as to the standard of care in medical malpractice actions must show that he or she is familiar with the standard of care for the particular health care professional for the relevant community and time" and "how he or she became familiar with that standard of care." Id.
The district court held that the affidavits of Nurse Thomason and Dr. Mackay failed to provide adequate foundation under Section 6–1013 because neither affidavit demonstrated actual knowledge of the applicable standard of care. In doing so, it clearly abused its discretion. This Court does not require that an affidavit include particular phrases or state that the expert acquainted himself or herself with the applicable standard of care in some formulaic manner in order to establish...
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