Professional Negligence Law Reporter

Rodney Knoepfle, 67, suffered from significant health problems, including a history of stroke and orthopedic and cardiac issues. He executed an advance directive, which designated his wife to make health care decisions and stated his desire to forego life-sustaining health care treatment should that become necessary.

When he began feeling poorly, Knoepfle was admitted to St. Peter’s Hospital. He provided his advance directive to nurses and staff, who entered a do-not-resuscitate (DNR) order into the hospital computer system. Two days later, Knoepfle became nonresponsive, prompting a nurse to call for help. When nobody responded, the nurse called a code. The on-duty hospitalist, Lee Harrison, came to Knoepfle’s bedside and performed chest compressions for 10 to 15 minutes. Knoepfle was resuscitated; however, he coded again the following day. Harrison then administered adrenaline.

Knoepfle lived for another two years. During that time, his health deteriorated, and he suffered a painful and undignified death. He is survived by his wife and two adult daughters.

Knoepfle’s wife sued Harrison and St. Peter’s Health, which ran the hospital, alleging negligent violation of Knoepfle’s DNR order. The plaintiff claimed damages for Knoepfle’s pain and suffering and for the $209,000 in medical expenses he incurred after the two resuscitations.

The jury awarded $409,000.

Citation: O’Donnell v. Harrison, No. CDV 2017-850 (Mont. Dist. Ct. Lewis & Clark Cnty. May 23, 2019).

Plaintiff counsel: AAJ members Mark Kovacich and Ben Snipes, both of Great Falls, Mont.; and Michael McKeon, Butte, Mont.

Plaintiff expert: Ryan Nash, standard of care and medical ethics, Columbus, Ohio.