Morgan v. INTERMOUNTAIN HEALTH CARE, INC.
2011 UT App 253
| Utah Ct. App. | 2011Background
- Morgan sustained head/neck/back injuries in a 1998 auto accident and later underwent February 2003 back surgery at an IHC-owned hospital.
- Post-surgery, Morgan could not move her right leg; a nurse allegedly pulled Morgan from the bed toward a railing, causing pain and subsequent rotator cuff tears.
- Morgan’s rotator cuff injuries required later surgical intervention; Morgan sued IHC for medical malpractice, negligence, and vicarious liability.
- IHC designated expert witnesses, including Dr. Evans, who opined Morgan’s shoulder problems predated the 2003 surgery and that the nurse incident was unlikely to have caused both rotator cuffs tears.
- Morgan did not designate an expert; she relied on treating physician Dr. Warner’s deposition, which suggested the cause could be related to preexisting conditions but did not affirm causation.
- The trial court granted summary judgment to IHC, holding expert testimony was required to prove causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is expert testimony required to prove proximate causation? | Morgan argues causation is within common knowledge. | IHC argues causation in medical malpractice requires expert proof. | Expert testimony required; causation not known to lay jurors. |
| Does a common knowledge exception apply to causation here? | Common knowledge could establish causation without experts. | Exception is narrow and usually not available for causation in complex medical cases. | Not applicable; case not one of the obvious exceptions. |
| Was summary judgment proper without designated expert evidence on causation? | Lack of expert should not bar trial where issues are within lay knowledge. | Without expert causation evidence, prima facie case cannot be established. | Summary judgment affirmed; causation requires expert evidence. |
Key Cases Cited
- Jensen v. IHC Hospitals, Inc., 2003 UT 51 (Utah Supreme Court 2003) (establishes four elements of medical malpractice claim)
- Schuurman v. Shingleton, 2001 UT 52 (Utah Supreme Court 2001) (standard elements and proof requirements in malpractice)
- Dalley v. Utah Valley Regional Med. Ctr., 791 P.2d 193 (Utah 1990) (proves standard of care, breach, and proximate cause in malpractice)
- Nixdorf v. Hicken, 612 P.2d 348 (Utah 1980) (proximate cause in medical malpractice requires expert testimony)
- Fox v. Brigham Young Univ., 2007 UT App 406 (Utah Court of Appeals 2007) (common knowledge exception; expert needed for complex causation cases)
- Bowman v. Kalm, 2008 UT 9 (Utah Supreme Court 2008) (common knowledge exception to causation in medical malpractice)
- Malmstrom v. Olsen, 16 Utah 2d 316, 400 P.2d 209 (Utah Supreme Court 1965) (illustrates common knowledge approach to standard of care)
- Beard v. K-Mart Corp., 2000 UT App 285 (Utah Court of Appeals 2000) (caretaking of causation requires more than speculative evidence)