Richter v. Presbyterian Healthcare Services
2014 NMCA 056
N.M. Ct. App.2014Background
- Richter death in 2005 from arrhythmia during adrenal tumor surgery due to undiagnosed pheochromocytoma; 2001 lab results indicating pheochromocytoma were not read or acted on; plaintiff sued PHS, TriCore for negligent delivery of Lab Results and physicians Lovato and Winterkorn for malpractice; district court granted some summary judgments in favor of PHS/TriCore and directed verdict for Winterkorn; appeal addressed whether delivery claims are ordinary negligence vs medical malpractice; court remanded for further proceedings and addressed admissibility and comparative negligence of non-parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TriCore/PHS claims are ordinary negligence or medical malpractice | Richter claims delivery of lab results was ordinary negligence | TriCore/PHS argue claims require medical expertise | Yes, some claims are ordinary negligence, others need expert proof |
| Whether summary judgments against TriCore/PHS were proper | TriCore/PHS breached duties/docs show failure to deliver results | No breach shown under their view; some issues unresolved | In part reversed; TriCore delivery to physicians and PHS charting issues remanded |
| Whether district court properly limited treating physician opinion testimony | Lovato should be allowed to opine on Winterkorn’s negligence as treating physician | Court may limit treating physicians' opinions to avoid expert disclosure issues | No reversible error; limit on Lovato testimony affirmed |
| Whether non-parties’ comparative negligence could be included in trial on remand | Comparative negligence should not apply to non-parties under the statute | Non-party tortfeasors’ fault must be considered; remand allowed | Comparative negligence of non-parties must be included; remand guided by HealthONE approach |
Key Cases Cited
- Morgan v. Laboratory Corp. of America, 844 N.E.2d 689 (Mass. App. Ct. 2006) (testing lab notices; expert testimony not always required for reporting failures)
- Johnson v. Hillcrest Health Center, Inc., 70 P.3d 811 (Okla. 2003) (charting duty; hospital charts as ordinary negligence issue)
- Pharmaseal Labs., Inc. v. Goffe, NMSC 1977-071 (New Mexico Supreme Court 1977) (expert testimony not mandatory in all medical negligence claims)
- Estate of French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011) (professional vs ordinary negligence; case-based approach to expert proof)
- Christus St. Vincent Regional Medical Center v. Duarte-Afara, 2011-NMCA-112 (N.M. Ct. App. 2011) (apportionment/remand; non-party fault considerations)
- Seeds v. Lucero, 2005-NMCA-067 (N.M. Ct. App. 2005) (comparative negligence; non-parties considered)
- Buffett v. Vargas, 1996-NMSC-012 (N.M. Supreme Court 1996) (remand procedure when liability issues resolved for some parties)
- HealthONE v. Rodriguez ex rel. Rodriguez, 50 P.3d 879 (Colo. 2002) (remand approach for mixed liability cases)