Allen v. Daniels

26 Pa. D. & C.5th 334
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 27, 2012
DocketNo. 2471-831 EDA 2012
StatusPublished

This text of 26 Pa. D. & C.5th 334 (Allen v. Daniels) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Daniels, 26 Pa. D. & C.5th 334 (Pa. Super. Ct. 2012).

Opinion

ALEJANDRO, J.,

On May 19, 2009, Rolan Allen (plaintiff) commenced a medical malpractice action against numerous health care providers; to wit: Michael A. Daniels, M.D. (defendant), Albert Einstein Healthcare Network, Germantown Community Health [336]*336Services and Albert Einstein Medical Center.1 In his complaint, plaintiff alleged, inter alia, that defendant performed an unnecessary medical procedure, which caused a permanent urethral injury and lifelong problems related to urinary incontinence. After a five-day trial, the jury disagreed with plaintiff’s claims and found in favor of defendant. Thereafter, plaintiff filed a post-trial motion requesting a new trial. The denial of said motion by the undersigned trial judge led to plaintiff’s instant appeal.

FACTUAL AND PROCEDURAL HISTORY

Based on the evidence presented at trial, it is reasonable to infer that the jury considered the following relevant facts when rendering its verdict:

Since 2000,2 plaintiff treated with defendant for a condition diagnosed as a benign prostatic hyperplasia (hereinafter “BPH”), or an enlarged prostate gland, which was constricting the channel through which his urine exits the body.3 Generally, the modalities to treat BPH, (i.e., to shrink or remove excess prostate tissue), consists of medication, anon-invasive office procedure, and/or surgery.4
Plaintiff contends that defendant offered him another alternative to treat his condition: “Transurethral Microwave Thermotherapy” (hereinafter “TUMT”), a procedure that uses microwave energy to remove [337]*337the excess prostate tissue restricting urine flow.5 On October 5, 2007, plaintiff underwent the TUMT procedure to address his prostatic hyperplasia. Prior to the procedure, defendant again explained the TUMT procedure, the risks, and the treatment alternatives available to plaintiff. Satisfied, plaintiff signed the informed consent form, which outlined the explanation provided.6 Plaintiff, however, did not want a catheter inserted during the procedure and defendant acquiesced to his request.7 Of note, plaintiff testified that he was taking numerous medications, including but not limited to: medication for abi-polar disorder; Haldol; Tegretol; Cogentin; Metformin (for diabetes); Stenolol; Sinopril; Lodipine; Tonormin; Aspirin for blood pressure; Vitolimin for high triglycerides; Avodart for enlarged prostate; and a multivitamin.8
Because plaintiff did not have a catheter following the procedure, he was instructed to drink as much water as possible and that he could not leave until he urinated.9 After he was able to urinate a small amount,10 plaintiff was discharged from defendant’s office without a catheter.11
Plaintiff testified that afterwards he went to a convenience store for lunch. He described feeling an urgency to urinate while waiting for his food order and did so in the parking lot, where only a few drops came [338]*338out but some relief was attained.12
Later that evening, plaintiff was unable to urinate and went to Chestnut Hill Hospital emergency room, where medical personnel inserted a catheter to relieve his bladder. Plaintiff testified that he recalled discussing with a triage person that he was experiencing a high level of pain.13 He was discharged that evening with an inserted catheter.14
On October 11, 2007, plaintiff had his first post-procedure visit with defendant, who removed the inserted catheter that had been placed at Chestnut Hill Hospital six (6) days earlier.15
Still unable to urinate normally, plaintiff returned to Chestnut Hill Hospital on October 18,2007, and another catheter was inserted.16 This catheter was subsequently removed by defendant.17
During a third visit to defendant on October 30, 2007, plaintiff was taught how to self-catheterize whenever he was unable to empty normally his bladder.18
Plaintifftestifiedthathe continued to experience pain,19 particularly to his left testicle and that both testes had become swollen.20 Plaintiff was admitted into [339]*339Presbyterian Hospital on October 31, 2007,21 where he remained hospitalized'for approximately two days,22 and received morphine for his pain.
On November 14,2007,23 plaintiff began treatment with Dr. Ginsberg, who found a hole in plaintiff’s urethra.24 Plaintiff testified that since undergoing the TUMT procedure, he is unable to urinate normally; has to react swiftly to the urge to urinate; has difficulty controlling the flow of urine and at times must relieve himself in a bathtub; and to avoid embarrassment, he wears pads to absorb any urine that dribbles out after urinating.25 Flomax was prescribed for his urinary problems.26

Prior to the commencement of trial, oral argument was heard on the parties ’ numerous motions in limine, including, inter alia, the motions which are the subject of this appeal; to wit: Plaintiff’s motion to preclude the introduction of evidence and testimony concerning plaintiff’s informed consent (which was denied);27 and defendant’s motion to preclude any references to diagnostic testing frequency; billing records, charges for office visits and procedures; and the cost for leasing and/or purchasing the equipment used to perform the TUMT procedure. This motion was granted28 and plaintiff was precluded from offering a portion of defendant’s deposition testimony, wherein he testified that the machine used to perform the TUMT [340]*340procedure costs approximately $40,000 and is used only for the microwave treatment.

In response to counsel’s inquiry regarding the ruling allowing evidence of plaintiff’s informed consent form, this trial judge stated:

It means that Dr. Daniels can use the informed consent with regard to saying I told him all the risks involved, including — I don’t know if this is going to be part of it — including that we might have to put a catheter after the procedure, we may not, because that’s part of the contested issue.29

On October 28, 2011, the jury found in favor of defendant.30

On November 4,2011, plaintiff filed a post-trial motion seeking a new trial, arguing that the consent forms were erroneously admitted into evidence and that the testimony regarding the consent forms was prejudicial to plaintiff and swayed the jury’s decision against him; and that error was also committed in granting defendant’s motion in limine.

On February 16, 2012, this trial judge heard oral argument on the post-trial motion.

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Cite This Page — Counsel Stack

Bluebook (online)
26 Pa. D. & C.5th 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-daniels-pactcomplphilad-2012.