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Robert Shipton v. Chickasaw County Board of Health, Chickasaw County Public Health Agency, Chickasaw County Public Health Nursing Service d/b/a Chickasaw County Public Health & Home Care Services, and Terri Franzen, R.N.

Citation: Not availableDocket: 17-2041

Court: Court of Appeals of Iowa; November 20, 2018; Iowa; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the plaintiff, Shipton, filed a malpractice lawsuit against Chickasaw County and associated healthcare entities, including a nurse, following a leg injury and subsequent staph infection. The plaintiff alleged negligence in the care provided, particularly by nurse Franzen, who was responsible for wound and PICC line care. The district court granted summary judgment in favor of the defendants, citing statutory immunity for actions taken during an emergency response under Iowa Code section 670.4(11). However, the appellate court identified errors in the district court's application of summary judgment, affirming that immunity applied only to actions on June 24 but not to earlier alleged negligent acts. The court found sufficient evidence to dispute material facts regarding pre-emergency negligence claims, supported by expert testimony. Consequently, the appellate court affirmed the district court's ruling in part, reversed in part, and remanded the case for further proceedings. This decision highlights the nuanced application of municipal immunity and the requirement for a causal connection between alleged negligence and emergency response actions under Iowa law.

Legal Issues Addressed

Emergency-Response Immunity under Iowa Code Section 670.4(11)

Application: The court recognized statutory immunity for the county regarding actions taken during an emergency response on June 24, as the plaintiff conceded these actions were in response to an emergency.

Reasoning: Iowa Code section 670.4(11) provides immunity to municipalities from claims related to acts or omissions during emergency responses, including communication services.

Expert Witness Testimony in Establishing Negligence

Application: The district court allowed expert testimony regarding the alleged negligence prior to the emergency response, finding it sufficient to create a disputed material fact.

Reasoning: Shipton designated an expert witness to address duty, breach, and causation...the expert testified that Franzen might have been negligent with the PICC line on June 17.

Municipal Liability and Immunity

Application: The court assessed the applicability of municipal immunity under Iowa Code chapter 670, specifically addressing separability of negligent acts from emergency responses.

Reasoning: The county's argument misunderstands the immunity doctrine, which protects conduct related to an emergency response, not conduct that causes an emergency.

Negligence and Standard of Care

Application: Shipton alleged that the defendants failed to meet the standard of care, particularly concerning the actions of nurse Franzen on June 17 and June 24, impacting his treatment and health outcomes.

Reasoning: Shipton alleges negligence, particularly regarding Franzen’s actions on June 17, claiming her negligence caused the PICC line dislodgment and subsequent health issues.

Summary Judgment Standard

Application: The appellate court evaluates the appropriateness of summary judgment, ensuring it is only granted in the absence of genuine issues of material fact.

Reasoning: The appellate court reviews this judgment for errors in law, determining that summary judgment is appropriate only if no genuine issues of material fact exist.