Baker v. Gibbons

795 S.E.2d 157, 2017 WL 164465, 2017 N.C. App. LEXIS 6
CourtCourt of Appeals of North Carolina
DecidedJanuary 17, 2017
DocketNo. COA16–417
StatusPublished

This text of 795 S.E.2d 157 (Baker v. Gibbons) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Gibbons, 795 S.E.2d 157, 2017 WL 164465, 2017 N.C. App. LEXIS 6 (N.C. Ct. App. 2017).

Opinion

ELMORE, Judge.

Lachey Baker (plaintiff) appeals from an order of summary judgment in favor of Jeffrey Gibbons, M.D., Garon R. Strong, PA-C, and Sandhills Emergency Physicians, P.A. (collectively, defendants), on plaintiff's negligence claim. We affirm.

I. Background

On 14 January 2011 at approximately 10:30 p.m., plaintiff brought her eleven-year-old son, David,1 to the FirstHealth of the Carolinas Moore Regional Hospital Emergency Department. David presented with nausea, vomiting, fever, and leg pain. Plaintiff also reported that David had been vomiting over "the last couple of days" and "ha[d] not been taking in much." A triage nurse performed an evaluation and provided a urine cup in which David gave a urine sample.

David was then examined by Mr. Strong, a physician's assistant with Sandhills Emergency Physicians, P.A., who obtained a medical history and performed a physical examination. Mr. Strong administered a dose of anti-nausea medicine and a "PO (by mouth) challenge," which David passed by drinking and keeping down three different fluids. Mr. Strong's impression was that David had "acute nausea and vomiting." He discharged David with a to-go pack of anti-nausea medication and instructions to plaintiff to use clear fluids to keep David hydrated.

Dr. Gibbons was Mr. Strong's supervising physician at the time of David's visit. Dr. Gibbons did not participate directly in the care or treatment provided to David in the emergency department. He did, however, review and authenticate David's medical record as prepared by Mr. Strong. According to his affidavit, Dr. Gibbons found Mr. Strong's assessment, impression, and disposition to be reasonable and appropriate.

The day after David was discharged, plaintiff gave him the medication prescribed by Mr. Strong and fluids as instructed. Shortly before 1:00 a.m. on 16 January 2011, however, David woke up screaming of head pain and passed out suddenly on the floor. Plaintiff called an ambulance immediately. When emergency medical services arrived, David was unresponsive and his glucose levels were "very high." He was checked back into the emergency department, where doctors expressed that David was "very sick" and had to be transferred to the North Carolina Children's Hospital in Chapel Hill.

David was transported by helicopter to the children's hospital that same night and admitted to the pediatric intensive care unit. Doctors diagnosed him with hyperglycemic hyperosmolar syndrome (HHS), a condition rarely found in children. The HHS had caused cerebral edema and a hyperglycemic hyperosmolar nonketotic coma. After several weeks, David began to improve and was transferred to Charlotte for rehabilitation.

On 10 January 2014 plaintiff, in her capacity as guardian ad litem , filed a negligence claim against Dr. Gibbons, Mr. Strong, and Sandhills Emergency Physicians, P.A., for their treatment of David. Plaintiff alleged, inter alia , that defendants failed to properly treat and diagnose David's hyperglycemia, and the failed diagnosis led to the condition worsening to the point that David suffered the coma. Defendants moved for summary judgment on the basis that plaintiff was unable "to produce evidence to support an essential element of her claim, that defendants breached the applicable standard of care." The trial court granted defendants' motion by order entered 6 November 2015. Plaintiff timely appeals.

II. Discussion

Plaintiff argues that the trial court erred in granting summary judgment in favor of Mr. Strong and Sandhills Emergency Physicians, P.A., because plaintiff produced evidence to show that Mr. Strong breached the applicable standard of care. Plaintiff does not challenge the portion of the trial court's order granting summary judgment in favor of Dr. Gibbons.

We review de novo a trial court's order of summary judgment. In re Will of Jones , 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." N.C. Gen. Stat. § 1A-1, Rule 56(c) (2015). The moving party bears "the burden of establishing the lack of any triable issue." Lord v. Beerman , 191 N.C. App. 290, 293, 664 S.E.2d 331, 334 (2008) (citing Roumillat v. Simplistic Enters., Inc. , 331 N.C. 57, 62-63, 414 S.E.2d 339, 341-42 (1992) ). A party may establish the lack of a triable issue by showing that an essential element of the opposing party's claim is absent. Id. If the movant succeeds, "the burden shifts to the nonmoving party to produce a forecast of evidence demonstrating specific facts, as opposed to allegations, showing that he can at least establish a prima facie case at trial." Gaunt v. Pittaway , 139 N.C. App. 778, 784-85, 534 S.E.2d 660, 664 (2000) (citations omitted).

To establish a prima facie case of medical negligence, a plaintiff must provide evidence of the following elements: (1) a standard of care; (2) breach of the standard of care; (3) causation; and (4) damages. Atkins v. Mortenson , 183 N.C. App. 625, 630, 644 S.E.2d 625, 629 (2007) (citations omitted).

In support of their motion for summary judgment, defendants produced affidavits of Dr. Gibbons, Mr. Strong, and two experts: Gregory C. Risk, M.D., and Jeffrey W. Hinshaw, PA-C. Both experts opined that the care and treatment rendered by Mr. Strong to David, including the assessment of David's hydration status, "at all times met or exceeded the standards of practice applicable to physician assistants with training and experience similar to Mr. Strong, as that standard existed in Moore County, North Carolina, or similar communities, in 2011."

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Related

Roumillat v. Simplistic Enterprises, Inc.
414 S.E.2d 339 (Supreme Court of North Carolina, 1992)
Gaunt v. Pittaway
534 S.E.2d 660 (Court of Appeals of North Carolina, 2000)
Lord v. Beerman
664 S.E.2d 331 (Court of Appeals of North Carolina, 2008)
Atkins v. Mortenson
644 S.E.2d 625 (Court of Appeals of North Carolina, 2007)
In Re the Will of Jones
669 S.E.2d 572 (Supreme Court of North Carolina, 2008)
Hudson v. Gulf Oil Co.
2 S.E.2d 26 (Supreme Court of North Carolina, 1939)

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Bluebook (online)
795 S.E.2d 157, 2017 WL 164465, 2017 N.C. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-gibbons-ncctapp-2017.