Morgan v. Olds.

• Author: DiSomma, Anthony V.
• Position: Iowa

Morgan v. Olds

HELD: Attending doctors do not have an independent duty

to the incompetent patient's family to employ reasonable

care in consulting with and obtaining their consent prior

to any decision with respect to the treatment of the

incompetent patient.

The plaintiff initiated this medical malpractice action on behalf of her deceased husband. After a judgment was rendered in favor of the defendant physicians, the widow appealed. Morgan v. Olds, 417 N.W.2d 232 (Iowa Ct. App. 1987).

The plaintiff, Roberta Morgan, raised three central issues on appeal. First, she contended that the court's liability instructions were confusing, misleading, and misstated the legal standard for consent. In addition, the instructions failed to adequately inform the jury about the main theory of recovery. The second contention was that the court erred because it failed to provide instructions on the theory of intentional infliction of emotional distress. The third issue raised was that the court also erred in the dismissal of defendant Iowa Methodist Medical Center. Id. at 234.

The patient, Dwaine Morgan, had a cardiac arrest and was admitted to the Methodist Medical Center on May 22, 1981. Mr. Morgan did regain consciousness after CPR was administered, but he then sustained two more cardiac arrests. Id. Even though resuscitation methods were again successfully employed, Morgan suffered brain damage and lapsed into a coma. Id.

Mr. Morgan sustained severe damage to the cerebral cortex and his doctors believed that there was only a slight chance for any recovery. Nevertheless, he did retain brain stem function and could not be described as brain dead. He did, however, require the use of a mechanical respirator to facilitate breathing. Id.

One of the neurologists did relate that Morgan could be kept alive for a long time even in his vegetative state. Due to the slim prospect of recovery, the physicians suggested that further life-sustaining treatment be withheld. Id. At this point there exists a factual dispute as to whether consent was actually given. Mrs. Morgan testified that she did not consent because she did not receive any information to justify such a decision. On the otherhand, the doctors testified that she did consent. Id.

According to Dr. Olds, consent was in fact obtained during a conference which was attended by several doctors, a social worker, and Mrs. Morgan. Id. In order to see if Morgan could breathe on his own, it was suggested by the...