Curts v. Miller's Health Systems, Inc., 2012 Ind. App. LEXIS 397

Michael Curts, as personal representative of Dorothy Curts's estate, sued Miller’s Merry Manor for wrongful death, breach of contract, and negligent infliction of emotional distress after Dorothy died about 24 hours following a May 7, 2006 incident at Manor.
Manor moved for summary judgment, relying on a unanimous medical review panel conclusion that Manor did not breach the standard of care and that conduct complained of did not cause damages.
Curts designated evidence including nurse Weitkamp’s report letter and deposition to support breach and causation, along with other materials.
Weitkamp, a registered nurse and nursing home administrator, opined that Manor deviated from standards of care and OBRA regulations, causing Dorothy’s falls and death.
The court discussed whether nurses can be qualified as expert witnesses under Indiana Rule of Evidence 702, concluding no blanket rule excluding nurses, but requiring sufficient nurse expertise on the specific issues.
The appellate court affirmed the trial court’s grant of summary judgment for Manor, finding Curts failed to prove Weitkamp possessed the necessary expertise and that no genuine issue of material fact existed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can a nurse qualify as an expert on standard of care and causation?	Curts argues nurse Weitkamp can testify as an expert on care standards and causation.	Manor argues nurses generally lack qualifying expertise for medical causation unless specific qualifications shown.	nurse may qualify in some circumstances; here insufficient expertise shown
Does Curts present a genuine issue of material fact requiring denial of summary judgment?	Curts asserts evidence supports breach and causation.	Manor contends the medical review panel and designated evidence negate any breach or causation.	No genuine issue; summary judgment appropriate

Nasser v. St. Vincent Hosp. & Health Servs., 926 N.E.2d 43 (Ind. Ct. App. 2010) (nurse on panel; Rule 702 limits nurse expert testimony on causation)
Clarian Health Partners, Inc. v. Wagler, 925 N.E.2d 388 (Ind. Ct. App. 2010) (nurse affidavits inadmissible for causation in medical cases)
Long v. Methodist Hosp. of Indiana, Inc., 699 N.E.2d 1164 (Ind. Ct. App. 1998) (distinguishes nurse testimony on medical causation)
Stryczek v. The Methodist Hosp., 694 N.E.2d 1186 (Ind. Ct. App. 1998) (nurses not qualified to opine on medical cause of injury)
McGee v. Bonaventura, 605 N.E.2d 792 (Ind. Ct. App. 1993) (unanimous medical review panel opinion can negate material facts)
Bader v. Johnson, 732 N.E.2d 1212 (Ind. 2000) (medical malpractice elements and burdens at summary judgment)