Callahan v. William Beaumont Hospital
Callahan v. William Beaumont Hospital
Opinion of the Court
Plaintiffs, Patricia N. Callahan and her husband, Kenneth R. Callahan, brought suit against the defendants William Beaumont Hospital and Dr. Jerome Edward Feldstein, alleging negligence by the defendants in failing to diagnose and correctly treat an alleged fracture of plaintiff Patricia N. Callahan’s right ankle at the hospital’s emergency room.
A jury trial was commenced on April 22, 1974. In the course of plaintiffs’ presentation of their case, the trial court ruled that Dr. Robert J. Huebner, called as an expert witness by the plaintiffs, was not competent to testify as to the negligence of Dr. Feldstein because Dr. Huebner had never practiced in the Detroit metropolitan area. The trial court also ruled that Dr. Huebner could not testify as to the negligence of those employees of the hospital who had examined the plaintiff’s x-
Following these rulings, the trial court granted a motion by the plaintiffs for a mistrial so that plaintiffs could seek an emergency appeal. At the same time, before the plaintiffs had completed the presentation of their case, the trial court also granted a motion by Dr. Feldstein to be dismissed from the case upon a directed verdict of no cause of action. Thereafter, the plaintiffs filed two applications for leave to appeal, and leave was granted by this Court on May 28, 1975.
Plaintiffs’ first assignment of error concerns the trial court’s refusal to permit plaintiffs’ expert witness, Dr. Huebner, to testify as to the standard of care to be imposed upon the defendant Dr. Feldstein. Plaintiffs argue that since Dr. Huebner and Dr. Feldstein were both surgeons and, therefore, specialists, Dr. Huebner’s expert testimony was not subject to the "similar community” rule and should have been allowed by the trial court.
Plaintiffs’ argument is based on the Supreme Court’s holding in Naccarato v Grob, 384 Mich 248; 180 NW2d 788 (1970). Before that decision, all doctors in Michigan were held to "that degree of skill and diligence ordinarily exercised by the average members of the medical profession in the same or similar localities with due consideration to the state of the profession at the time”.
Even if it is assumed that Dr. Huebner and Dr. Feldstein are, in fact, specialists,
In Naccarato, supra, the Court stated:
"The reliance of the public upon the skills of a specialist and the wealth and sources of his knowledge are not limited to the geographic area in which he practices. Rather his knowledge is a specialty. He specializes so that he may keep abreast. Any other standard for a specialist would negate the fundamental expectations and purpose of a specialty. The standard of care for a specialist should be that of a reasonable specialist practicing medicine in the light of present day scientific knowledge. Therefore, geographical conditions or circumstances control neither the standard of a specialist’s care nor the competence of an expert’s testimony.” 384 Mich 253-254.
It is clear from the foregoing that the Naccarato decision was grounded to a large degree on the reliance and expectations of the public with respect to the skills possessed by a specialist. Consequently, if a doctor does become a specialist, he thereby represents to the public that he has special knowledge and skills not possessed by a general practitioner and that he also keeps abreast with the advances in his specialty.
In the present case, however, Dr. Feldstein, although a surgeon, was not practicing surgery or utilizing any special skills of a surgeon when he
Moreover, this case involves treatment in the emergency room of a large metropolitan hospital. It is entirely possible that the conditions present in an emergency room of a Detroit area hospital are so different from those in an emergency room of a small-town hospital, that any comparisons made by a small-town doctor would be unfair to a doctor practicing in the big-city hospital. It is also possible that the number of cases handled in the emergency room of a big-city hospital as well as the nature of those cases may differ so significantly from the nature and volume of cases handled in the emergency room of a small-town hospital that comparisons of the procedures used in each to examine a person seeking emergency treatment would be misleading. Factors such as these further support the application of the "local community” rule to the facts of the present case.
For the same reasons, it follows that the trial court was also correct in not permitting Dr. Huebner to give expert testimony against the hospital’s employees who examined the plaintiffs x-rays. Furthermore, as noted above, the trial court also ruled that Dr. Huebner was incompetent to give such testimony since Dr. Huebner was not a radiologist. On voir dire, Dr. Huebner stated that he was not entitled by training to read, quote, or diagnose from x-rays. Based on this admission, it would appear that Dr. Huebner was not qualified to testify as to the standard of care required of those employees who examined plaintiff’s x-rays. As a result, the trial court’s ruling on this matter cannot be considered an abuse of discretion. See Smith v Children's Hospital of Michigan, 33 Mich App 186, 188-189; 189 NW2d 753 (1971).
Plaintiffs lastly contend that the trial court erred by granting a directed verdict in favor of Dr. Feldstein before the plaintiffs had concluded the presentation of their case. We agree.
First of all, the plaintiffs’ attorney indicated to the court that he was prepared to present other testimony concerning the malpractice of Dr. Feldstein. Thus, the plaintiffs may have been able, even without the testimony of Dr. Huebner, to present sufficient evidence of negligence by Dr. Feldstein to warrant submission of the case against him to the jury. Plaintiffs should have been allowed to present their entire case to the jury before the trial court ruled on the motion for a directed verdict.
Secondly, it appears that the trial court directed the verdict because Dr. Feldstein, having never
Thus, even if Dr. Feldstein did not read the x-rays, additional testimony, either expert or otherwise, could have raised several questions of fact which would have entitled the plaintiffs to have the issue of Dr. Feldstein’s negligence decided by the jury. As a result, the trial court erred by prematurely granting the motion for a directed verdict.
Affirmed in part. Reversed in part. Remanded for proceedings consistent with this opinion.
Bradshaw v Blaine, 1 Mich App 50, 53; 134 NW2d 386 (1965). See also Lince v Monson, 363 Mich 135; 108 NW2d 845 (1961).
See Burton v Smith, 34 Mich App 270; 191 NW2d 77 (1971), Siirila v Barrios, 58 Mich App 721; 228 NW2d 801 (1975).
But see Abbe v Woman’s Hospital Association, 35 Mich App 429; 192 NW2d 691 (1971), which held that a general surgeon does not fall within the category of a specialist.
Concurring Opinion
(concurring). I agree in the decision announced in Judge McGregor’s opinion. However, I do so solely on the basis of Abbe v Woman’s Hospital Association, 35 Mich App 429; 192 NW2d 691 (1971), cited in footnote 3 by Judge McGregor, in which our Court held that a general surgeon does not fall within the category of a specialist. Consequently, the testimony of plaintiffs expert witness, Dr. Huebner, a general surgeon, was subject to the "similar community rule”. I do not
"This is a malpractice suit wherein the plaintiffs ask us to extend the holding of Naccarato v Grob, 384 Mich 248; 180 NW2d 788 (1970), to general practitioners. This we cannot do. Such action can only be taken by the Supreme Court.” Siirila v Barrios, supra, at 722.
My colleague’s opinion extends Naccarato by drawing distinctions in the types of activities performed by the medical specialist. I do not believe this was intended by the holding therein. If so, it is a distinction which should be taken by the Supreme Court. More importantly, the distinction is not necessary for the result arrived at in this case.
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