Edward Franzen
v.
Alan W. Kruger and West Union Dental Associates
Appellee
Edward Franzen
Appellant
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:
Summary
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.
