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Case No. 18-0850

Edward Franzen
Alan W. Kruger and West Union Dental Associates


Edward Franzen


Alan W. Kruger and West Union Dental Associates

Attorney for the Appellee

Jeffrey R. Tronvold

Attorney for the Appellant

Thomas F. Ochs and Raymond R. Stefani II

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 25, 2019

            Appeal from the Iowa District Court for Fayette County, John C. Bauercamper, Judge. REVERSED AND REMANDED.  Heard by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (14 pages)

            A dentist appeals a post-trial ruling following a jury verdict for his patient in a malpractice action.  While performing a molar extraction the surgical bur from dentist’s handpiece used during that extraction disappeared.  X-rays revealed the presence of the bur in the patient’s lung.  The patient’s lung was partially removed in an attempt to remove the surgical bur resulting in loss in lung capacity.  The district court allowed the patient to introduce expert testimony to establish the standard of care necessary during such a procedure.  The expert relied heavily upon a survey project to formulate her opinion in determining the standard of care.  OPINION HOLDS: Because of the missing foundation to establish that the facts and data derived from those surveys were “of a type reasonably relied upon by experts” in the dentist’s field in determining the standard of care, this hearsay evidence was not admissible under Iowa Rule of Evidence  5.703.  Because it was admitted, we reverse and remand for new trial. 

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