Estate of Willson v. Addison
2011 MT 179
| Mont. | 2011Background
- Madeleine Willson was treated by Dr. Addison for about 20 years; in July 2005 she had metastasized breast cancer and was sent to hospice care; she was admitted to Peace Hospice on August 4, 2005 with pain and anxiety management; in early August she deteriorated, was transferred to the ER, given Narcan, then admitted to Benefis Hospital where she died on August 10, 2005; a Narcotic Count Record concerning her care at Peace Hospice was later destroyed under Benefis’ retention policy; Mayo Clinic found no overdose; Robert Willson filed suit in January 2009 alleging malpractice and wrongful death; Benefis and Dr. Addison moved for summary judgment on causation and standard of care, and Robert moved for sanctions for spoliation; the district court granted summary judgment on causation and denied sanctions, and Benefis cross-appealed on standard of care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation in medical malpractice? | Willson argues medications shortened Madeleine's life; experts show breach caused earlier death. | Benefis/Addison say no causation; experts say death imminent irrespective of meds. | Grant of summary judgment on causation affirmed; no genuine causation issue. |
| Spoliation sanction appropriate? | Robert seeks default judgment for destruction of NCR as sanction. | Benefis did not willfully destroy to hide evidence; no prejudice shown. | Denial of default judgment affirmed; sanction appropriate only if proper grounds shown. |
| Standard of care properly addressed? | Willson seeks reversal arguing standard of care shown by expert testimony. | Benefis contends no triable issue without expert causation; standard of care not reached. | Court did not reach, but affirmance on causation moot for standard-of-care ruling; no reversal on this issue. |
Key Cases Cited
- Gratton v. Montana Deaconess Hospital, 169 Mont. 185, 545 P.2d 670 (Mont. 1976) (expert testimony required for standard of care; reasonable medical certainty)
- Falcon v. Cheung, 257 Mont. 296, 848 P.2d 1050 (Mont. 1993) (causation requires more likely than not proof via expert)
- Estate of Nielsen v. Pardis, 265 Mont. 470, 878 P.2d 234 (Mont. 1994) (elements of medical malpractice; burden shifts to plaintiff)
- Old Elk v. Healthy Mothers, Healthy Babies, Inc., 2003 MT 167, 316 Mont. 320, 73 P.3d 795 (Mont. 2003) (summary judgment standard; burden on movant and nonmovant)
- Eisenmenger v. Ethicon, Inc., 264 Mont. 393, 871 P.2d 1313 (Mont. 1994) (discovery sanctions standard of review for abuse of discretion)