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Bartel v. State8/27/1985
ood practice and yielded reliable and accurate results. During the extensive foundation testimony heard prior to admission of Exhibit X, the experienced trial judge questioned the witnesses in detail on various points. In response to a question from the court, Westphal-Marcus indicated she believed that the blood drawing procedure used in Bartel's case did not deviate from routine hospital procedure. Further, Heuer stated that she performed the Bartel blood test using good, reliable procedures. The above testimony, together with testimony specifically relating to Bartel's blood test, was relevant and provided adequate foundation to support admission of Exhibit X.
We hold that the record contains substantial credible evidence to show that the test procedure employed in this case accorded with good medical practice to assure reliable results.
Bartel vigorously emphasizes those portions of the testimony which he argues support his contention that the blood test results were inadmissible. He argues the necessary foundation was not established because the State failed to establish certain facts which he argues are essential to admissibility of the results. We will discuss each of these contentions in light of the record.
1. Bartel argues that the State's failure to identify positively the person who drew Bartel's blood precludes admissibility of the test results. The testimony of R.N. Westphal-Marcus established that she was present for the drawing of the blood specimens from Bruce Bartel as was Bill Kirk, R.N., Jackie Clausen, Night Supervisor, and the medical doctor. While she was present at the time of the blood drawing, she could not recall whether she or Nurse Kirk had drawn the blood sample. She did testify at length regarding the procedure customarily followed in the drawing of blood. Her testimony and that of other witnesses established that the two registered nurses were both qualified to draw blood and were both familiar with routine hospital practices. Nurse Westphal-Marcus completed a portion of the emergency room records with regard to the treatment of Mr. Bartel, particularly the cross-matching of blood and the ordering of the blood test. The routine procedure used by Nurse Westphal-Marcus and other nurses in the hospital was established without contradiction. There is nothing in the written records to indicate any deviation from these procedures. Nurse Westphal-Marcus testified there was no deviation from routine procedures. Mere inability to recall which of two registered nurses completed this particular blood test after a lapse of two years is not a sufficient basis to challenge the admissibility of the blood test itself. While it would have been preferable that the name of the nurse withdrawing the blood be shown on the emergency room records, Nurse Westphal-Marcus indicated they were so busy taking care of the severely-injured patient, Bartel, that this had not been placed on the records. The testimony established the very large number of blood tests conducted by hospital personnel and by Nurse Westphal-Marcus in the course of emergency room operation. Under the circumstances of this case, the failure to establish which of two registered nurses withdrew the blood does not preclude admissibility of the test results.
2. Bartel contends that the State failed to establish the time when the blood was drawn. He argues this is critical because it must be shown that administration of mannitol did not interfere with test results, and also because time of blood drawing is critical to the accuracy of calculations made by experts to determine the degree of intoxication at the time of the accident. The time of the blood drawing is certainly a significant
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