Oelling v. Rao
| Decision Date | 24 December 1991 |
| Docket Number | No. 46A05-9108-CV-251,46A05-9108-CV-251 |
| Parties | Howard A. OELLING and Margaret Oelling, Appellants-Plaintiffs, v. Satya M. RAO, M.D.; Jorge J. Martinez, M.D.; Cardiovascular Consultants, P.C., Inc.; and St. Catherine Hospital, Appellees-Defendants. |
| Court | Indiana Appellate Court |
Glenn J. Tabor, Roger A. Weitgenant, Blachly, Tabor, Bozik & Hartman, Valparaiso, for appellants-plaintiffs.
David C. Jensen, Douglas B. Stebbins, Eichhorn, Eichhorn & Link, Hammond, for appellees-defendants.
Plaintiffs Howard and Margaret Oelling (Oellings) appeal from an adverse grant of summary judgment in a medical malpractice action they instituted against Defendants Satya M. Rao, M.D., Jorge J. Martinez, M.D. and Cardiovascular Consultants P.C., Inc. (Defendants). We affirm.
Summary judgment is appropriate when no genuine controversy exists. Young v. City of Franklin (1986), Ind., 494 N.E.2d 316, reh'g denied; Central Realty v. Hillman's Equipment (1969), 253 Ind. 48, 246 N.E.2d 383. A party seeking summary judgment bears the burden of establishing that no genuine issue as to any material fact exists. If there is a doubt as to a fact or any inference which could be drawn therefrom, the decision on the motion for summary judgment must favor the opposing party. Poxon v. General Motors Acceptance Corp. (1980), Ind.App., 407 N.E.2d 1181. Issues of negligence are not ordinarily susceptible to summary adjudication. Stapinski v. Walsh Construction Co. (1979), 272 Ind. 6, 395 N.E.2d 1251. However, when the controversy involves medical malpractice, expert testimony establishing that the performance of the medical professional fell below the requisite standard of care is generally necessary to establish a prima facie case. Stumph v. Foster (1988), Ind.App., 524 N.E.2d 812, reh'g denied. Only where a medical professional's conduct is understandable by a jury without extensive technical input is expert testimony unnecessary to establish the appropriate standard of care. Burke v. Capello (1988), Ind., 520 N.E.2d 439.
In support of their Motion for Summary Judgment, Defendants included the opinion of the medical review panel which unanimously determined that Defendants did not fail to comply with the appropriate standard of care. Once the party moving for summary judgment demonstrates a prima facie showing that the controversy lacks a genuine issue of material fact, the nonmoving party may not rest on mere allegations or denial, but must come forward with sufficient evidence to controvert the moving party's assertion that no factual issue exists. Majd Pour v. Basic Am. Medical, Inc. (1990), Ind.App., 555 N.E.2d 155, reh'g denied. The favorable medical review panel opinion demonstrated, on a prima facie level, that the controversy lacked a material factual issue. Thus, it became incumbent upon Oellings to come forward with evidence to controvert the opinion of the medical review panel. Id.
"In the context of medical negligence, a plaintiff must establish by a preponderance of the evidence (1) the standard of care owed the patient, (2) a breach of that standard, and (3) that the plaintiff suffered a compensable injury proximately caused by the defendant's breach of the standard." Planned Parenthood of Northwest Indiana v. Vines (1989), Ind.App., 543 N.E.2d 654, 660, trans. denied. "In Indiana, an expert witness may not testify as to the standard of care unless the record shows that the witness is familiar with the standard of care in the same or similar locality as the one in which the complained of services were performed." Wilson v Sligar (1987), Ind.App., 516 N.E.2d 1099, 1101, trans. denied.
At the hearing on the Motion for Summary Judgment, Defendants contended that Oellings had failed to controvert the opinion of the medical review panel and thus failed to controvert the prima facie showing of lack of a material factual issue. The trial court concurred, holding essentially that Oellings failed to establish that their expert, Dr. Steven Meister, was "familiar with the standard of care in the same or similar locality as the one in which the complained of services were performed" and that Oellings failed to show "that the medical facilities and conditions in Porter County are so irrelevant that a national standard of care should be applied."
On the day of the hearing, Oellings filed the affidavit of Dr. Steven Meister, which reads in its entirety as follows:
Comes now STEVEN G. MEISTER, M.D., being first sworn upon his oath, deposes and says:
1. That I am certified by the American Board of Internal Medicine in the speciality of Cardiology.
2. That I am duly licensed to practice medicine in the states of Pennsylvania and Massachusetts.
3. That I have personal knowledge of the medical condition of plaintiff, HOWARD A. OELLING, both prior to, including and after December 17, 1986.
4. It is my opinion that the cardiac catheterization performed on HOWARD A. OELLING by DR. SATYA RAO on 12/6/86 at St. Catherine's Hospital was not indicated and unnecessary. Specifically, MR. OELLING had three episodes of chest discomfort during the several weeks preceding this catheterization. This discomfort was lancinating in nature and not characteristic of angina pectoris or ischemic heart disease. I do consider that it was appropriate to obtain a stress thallium study. However, when that stress thallium study revealed ischemia only in the distribution of the previously occluded right coronary artery with none in the distribution of the left coronary system, there was no need to perform cardiac catheterization in my opinion. Had the cardiac catheterization not been performed, the complications that actually occurred would not have done so and MR. OELLING would not have had to have cardiac surgery to...
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Oelling v. Rao
...by appellants was insufficient because it failed to state that the affiant was familiar with the local standard of care. Oelling v. Rao, 585 N.E.2d 273 (Ind.App.1991). We grant transfer and Summary judgment is appropriate only if "there is no genuine issue as to any material fact and ... th......