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Marquis v. Nuss

Citations: 451 N.W.2d 833; 1990 Iowa Sup. LEXIS 40; 1990 WL 16844Docket: 89-195

Court: Supreme Court of Iowa; February 21, 1990; Iowa; State Supreme Court

Narrative Opinion Summary

In the case before the Supreme Court of Iowa, the plaintiff, having undergone surgery performed by the defendant, a general surgeon, filed a medical malpractice suit alleging negligence in diagnosis and treatment. The plaintiff's claim of lack of informed consent was withdrawn before trial. The jury found in favor of the defendant, leading the plaintiff to appeal based on conflicting jury instructions regarding the standard of care for specialists versus general medical practice. The appellate court held that the instructions, when read in their entirety, were clear and did not constitute reversible error. The court confirmed that a physician's mere mistake does not equate to negligence unless it deviates from customary medical practices, and the plaintiff bears the burden of proof for negligence. The plaintiff's argument that the defendant should prove an honest mistake as an affirmative defense was rejected, as the defendant's claims negated the plaintiff's allegations rather than introducing new facts. The decision of the trial court was thus affirmed, maintaining the ruling in favor of the defendant.

Legal Issues Addressed

Burden of Proof in Negligence Claims

Application: The plaintiff retains the burden of proving the defendant's negligence according to the standard of care expected from a specialist, rather than the defendant proving an 'honest mistake' as an affirmative defense.

Reasoning: Consequently, the plaintiff retains the burden of demonstrating the defendant's negligence in accordance with the standard of care expected from a specialist.

Jury Instructions and Reversible Error

Application: The appellate court found that the jury instructions, when read comprehensively, did not confuse the jury, and thus, there was no reversible error.

Reasoning: Marquis claimed the differing standards confused the jury, but the court found that a comprehensive reading of all instructions clarified the standards, and there was no reversible error.

Negligence and Mere Mistake

Application: The court upheld that a physician's mere mistake in diagnosis or treatment does not constitute negligence unless there is a failure to adhere to customary practices.

Reasoning: Instruction 13 stated that a doctor's mere mistake in diagnosis or treatment does not constitute negligence unless it can be shown that the doctor failed to adhere to customary practices.

Standard of Care for Specialists

Application: The court evaluated the defendant, a licensed general surgeon, under the standard of care applicable to specialists, as outlined in the jury instructions.

Reasoning: The defendant, a licensed general surgeon, was evaluated under the standard of care for specialists as outlined in Instruction 12.