Kivland v. Columbia Orthopaedic Group, LLP
2011 Mo. LEXIS 5
| Mo. | 2011Background
- Dr. Gaines performed January 2005 spine surgery on Gerald Kivland, who afterward suffered paralysis and extreme post-surgical pain.
- Kivland filed July 2005 suit for medical negligence against Gaines and Columbia Orthopaedic Group LLP, with his wife seeking loss of consortium.
- Eight months after filing, Gerald Kivland committed suicide in March 2006.
- The action was amended to include a wrongful death claim on behalf of the widow and daughter, and a survivor claim by the estate for lost chance of survival.
- Two separate claims: (1) wrongful death direct result of negligence; (2) survivor claim for damages due to lost chance, pursued by Jana Kivland as estate representative; the latter began as a distinct theory but resembled the wrongful death claim.
- The circuit court granted partial summary judgment striking the expert and on the wrongful death claim, certifying it for appeal; the survivor claim remained pending; the main issue is whether suicide is an intervening cause that negates causation as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suicide is a superseding intervening cause that breaks the causal link to negligence. | Kivlands contend Jarvis's testimony shows the death was caused by post-surgical pain from Gaines's negligence. | Gaines argues suicide is an independent intervening act that breaks causation as a matter of law. | Suicide can be tied to negligence if the death is the direct result of the injury; causation for wrongful death remains a jury question. |
| Whether the lost chance of survival claim is duplicative of wrongful death and should be dismissed. | Lost chance mirrors wrongful death and should proceed similarly. | Lost chance is duplicative and not viable separate from wrongful death. | Lost chance claim does not survive independently and is disposed of; wrongful death claim controls. |
| Whether Dr. Jarvis' expert testimony was admissible to prove causation. | Jarvis should be allowed to testify that the suicide stemmed from pain and was not voluntary, linking to negligence. | Jarvis's opinions may be personal without diagnosis and should be excluded. | Under §490.065, Jarvis is admissible if qualified and data are reasonably reliable; his testimony may assist the jury in causation. |
| What is the proper standard for instructing causation in Missouri wrongful death when suicide is involved? | Causation can be shown if suicide is the direct result of the negligent injury. | No modification to MAI instructions is needed; suicide should be treated as any other proximate-cause question. | The standard remains that the suicide must be the direct result of negligence for a submissible wrongful death case; MAI instructions remain adequate. |
Key Cases Cited
- Wallace v. Bounds, 369 S.W.2d 138 (Mo. 1963) (assessing direct and proximate cause where suicide followed injuries from negligence)
- Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. banc 1993) (requires proof that death was a direct result of defendant's negligence)
- Alcorn v. Union Pac. R.R. Co., 50 S.W.3d 226 (Mo. banc 2001) (proximate cause standard in determining death linkage to negligence)
- Eidson v. Reprod. Health Servs., 863 S.W.2d 621 (Mo. App. 1993) (discusses insanity/irresistible-impulse framework with suicide and negligence)
- McDonagh v. State Bd. of Registration for Healing Arts, 123 S.W.3d 146 (Mo. banc 2003) (governs admissibility of expert testimony under §490.065)
- Wollen v. DePaul Health Ctr., 828 S.W.2d 681 (Mo. banc 1992) (lost chance/recovery framework in medical negligence)