Wickel v. Chamberlain

John Wickel appealed a district court’s grant of summary judgment dismissing his claims for medical malpractice against Dr. David Chamberlain. Wickel sought treatment from Dr. Chamberlain for internal and external hemorrhoids. After Wickel was anesthetized, Dr. Chamberlain discovered an anal fissure. Dr. Chamberlain believed, based upon his discussions with Wickel prior to surgery, that the best course was to treat the anal fissure while Wickel was under anesthesia in order to address all issues in one operation. Dr. Chamberlain performed a fissurectomy and an internal lateral sphincterotomy. Following surgery, Wickel experienced significant pain and developed a perianal abscess. Wickel had several post-operation appointments with Dr. Chamberlain to address ongoing pain. At Wickel’s March 3, 2010, appointment, Dr. Chamberlain noted that the abscess appeared healed and released Wickel from his care. The pain continued, and Wickel returned to Dr. Chamberlain’s office on March 17, 2010, at which time Dr. Chamberlain diagnosed Wickel with a chronic anal fistula and recommended colorectal surgery. Wickel then saw Drs. William Peche and Peter Bossart in Salt Lake City, Utah. Dr. Peche performed a procedure in June of 2010 and noted that the staple line from the PPH procedure was too close to the dentate line which resulted in physical damage to Wickel’s sphincter. After minimal improvement, Wickel saw Dr. Bossart. Dr. Bossart performed an anal fistulectomy in August of 2010. By 2012, Wickel still suffered discomfort and incontinence. An independent medical exam opined that Wickel’s pain following the surgery by Dr. Chamberlain was attributable to improper placement of the staple line within the anal canal. After the district court granted Dr. Chamberlain’s motion for summary judgment, Wickel moved for reconsideration, which the district court denied. Wickel appealed and Dr. Chamberlain cross-appealed. The Idaho Supreme Court remanded the matter to the district court for entry of a final judgment conforming to the requirements of I.R.C.P. 54(a), and Wickel filed a second motion for reconsideration. The district court denied Wickel’s second motion for reconsideration, concluding that it lacked jurisdiction to decide the motion. Following entry of a final judgment, both parties amended their notices of appeal. After review, the Supreme Court concluded that the district court erred in concluding it lacked jurisdiction to decide the second motion for reconsideration; as a result, the district court did not reach the merits of Wickel's motion or Dr. Chamberlain's cross-appeal. The Supreme Court vacated the order denying Wickel’s second motion for reconsideration and remanded for further proceedings. View "Wickel v. Chamberlain" on Justia Law