Summary
The Utah Supreme Court held that expert testimony is generally required to establish proximate cause in medical malpractice cases, including cases involving psychiatrists. It recognized a common-knowledge exception when the causal connection between the alleged negligence and the injury is readily apparent to a layperson, and concluded that exception applied to the alleged prescription of sleeping medication causing clumsiness that contributed to the decedent's fatal entrapment. The court reversed the grant of summary judgment and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether expert testimony is invariably required to establish proximate cause in a medical malpractice case.
- Whether the common-knowledge exception to the expert-testimony requirement applied to the causal connection between the alleged negligent prescription and Menlove's death.
- Whether summary judgment was proper on the medical malpractice and wrongful death claims.
Holdings
- Expert testimony is generally required to establish proximate cause in medical malpractice cases, but it is not invariably required.
- The common-knowledge exception applied because the causal connection between medication-induced clumsiness, the dresser falling, and Menlove's death did not require specialized medical knowledge.
- Summary judgment was improper because the absence of expert medical testimony on proximate cause was not a bar to the claims under the common-knowledge exception.
Key quotations
“It is not true, therefore, that proximate cause must always be supported by expert testimony in medical malpractice cases.” (¶ 12)
“Expert testimony is generally required in medical malpractice cases in order to establish the element of proximate cause. It is not required, however, in cases where the causal connection between the alleged negligence and the harm caused is a matter of common knowledge.” (¶ 15)
Factual background
Ann Davis Menlove was treated by psychiatrist Michael Kalm for anorexia, depression, and anxiety. Kalm prescribed amitriptyline, and Menlove filled a prescription for thirty sleeping pills; thirteen were missing when she was found dead the next day, pinned beneath a bedroom dresser. The autopsy identified mechanical compression of the chest as the immediate cause of death. Bowman presented expert evidence concerning breach of the standard of care and evidence that Menlove was prone to overdosing on sleeping medication and was clumsy due to medication and anorexia, but he presented no expert testimony on proximate cause.
Procedural history
Bowman brought medical malpractice and wrongful death claims against Dr. Kalm on behalf of Menlove's minor heirs. The district court granted Dr. Kalm summary judgment because Bowman had not provided expert testimony establishing proximate cause. The Utah Supreme Court reversed and remanded.
Remand instructions
Remanded to the district court for further proceedings consistent with the opinion.