(mentions CMT foot surgery)Trial begins in Finley civil suit

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Trial begins in Finley civil suit

Dubuquer says hospital negligent when it let podiatrist operate

outside his area of expertise

By ERIK HOGSTROM TH staff writer

http://www.thonline.com/article.cfm?id=182694

A Dubuque County jury will decide whether The Finley Hospital was

negligent in giving credentials to a podiatrist who performed a

surgery in July 2004.

In the civil trial that opened Tuesday in Dubuque District Court,

attorneys for Day, of Dubuque, allege the hospital allowed

Dr. Arnz, of Dubuque Podiatry, to operate outside the scope

of his expertise when he performed a surgery to correct a deformity

of Day's right foot caused by Charcot-Marie-Tooth disease.

Charcot-Marie-Tooth disease is a group of genetic nerve disorders

that affect the peripheral nerves, which carry movement and

sensation signals between the brain and spinal cord and the rest of

the body. Foot problems such as high arches or hammertoes can be

early symptoms. As CMT progresses, the lower legs might weaken.

According to the amended complaint, Arnz performed the surgery using

a circular frame, which necessitated the insertion of surgical pins

through Day's right tibia, the larger of two long bones in the lower

leg.

Resulting infections, Day's suit claims, have resulted in permanent

disability. The suit alleges Finley exercised authority and control

over the actions of Arnz through its credentialing protocol granting

him hospital privileges.

Following a confidential settlement, Arnz is no longer a party to

the lawsuit. However, he is expected to give testimony during the

trial, which could last three weeks.

Before Judge Lawrence Fautsch, attorneys for Day and Finley on

Tuesday outlined the parameters of their case during their voir

dire -- their questions to prospective jurors used to determine

their ability to evaluate the facts of the case fairly.

" Do you assume the hospital has thoroughly checked the competency of

the doctors on its staff? " asked Day's attorney, S. White,

of White & P.C. in Cedar Rapids, Iowa. " Do you trust the

hospital to supervise the doctors on their staff? When you go into a

hospital, do you ask to see the credentials of the doctors on the

staff, or do you trust the hospital? "

Mark L. Zaiger, of the Cedar Rapids firm Shuttleworth & Ingersoll,

P.L.C., representing Finley with Connie M. Alt, of Shuttleworth &

Ingersoll, likened the hospital to a community asset for medical

care.

" Doctors who have privileges come into that community asset and use

pooled resources, " Zaiger said. " Privileges are an authorization to

use the building. Most doctors are not employees of the hospital.

The doctor who has privileges still makes his or her own medical

judgements about treating his or her own patients. "

The suit seeks monetary compensation " for past, present and future

loss of earnings, earning capacity and benefits; past, present and

future medical and hospital expenses, charges and services including

fair and reasonable punitive damages so as to deter such conduct in

the future, " according to the amended complaint.

Opening statements are scheduled to begin at 10:30 a.m. today.

Editor's note: Day's brother Mike is TH editorial artist.

Mike Day is not involved in editorial decisions regarding this story.