Battles v. Aderhold

430 So. 2d 307
CourtLouisiana Court of Appeal
DecidedApril 13, 1983
Docket82-713
StatusPublished
Cited by1 cases

This text of 430 So. 2d 307 (Battles v. Aderhold) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Battles v. Aderhold, 430 So. 2d 307 (La. Ct. App. 1983).

Opinion

430 So.2d 307 (1983)

James BATTLES, Jr., et al., Plaintiffs and Appellants,
v.
W.R. ADERHOLD et al., Defendants and Appellees.

No. 82-713.

Court of Appeal of Louisiana, Third Circuit.

April 13, 1983.

*308 Kramer & Hammill, Bernard Kramer, Alexandria, for plaintiffs and appellants.

Cook, Yancey, King & Galloway, Sidney Cook, Shreveport, Gist, Methvin, Hughes and Munsterman, H.B. Gist, Jr., Gold, Little, Simon, Weems & Bruser, Herbert J. Mang, Provosty, Sadler & deLaunay, LeDoux, Provost, Alexandria, for defendants and appellees.

Before DOMENGEAUX, LABORDE and YELVERTON, JJ.

LABORDE, Judge.

This is a medical malpractice suit brought by John Battles, Jr., the widower of Sarah Battles, and their children, Donald Ray Battles, James C. Battles, Gloria Jean Battles Collins, Madie Battles Pierson and Rose Marie Battles, for damages they allegedly sustained as a result of Sarah Battles' death following thyroid surgery at Rapides General Hospital in Alexandria, Louisiana. Named as defendants were Dr. Harry Brian, the surgeon who performed the thyroidectomy, Dr. W.R. Aderhold, an anesthesiologist who administered the anesthesia, Alexandria Anesthesia Service, the partnership in which Dr. Aderhold is a member, Dr. Walter Preau, an emergency room physician who attended Sarah Battles after her surgery, Rapides General Hospital and Hartford Fire Insurance Company, the liability insurer of Dr. Brian, Dr. Aderhold and Alexandria Anesthesia Service.

During the jury trial, plaintiffs voluntarily dismissed Dr. Brian and his insurer, Hartford. After plaintiffs rested, the court directed a verdict in favor of Dr. Preau. Subsequently, a directed verdict was granted in favor of Dr. Aderhold, Alexandria Anesthesia Service and their liability insurer, Hartford.

After deliberations, the jury returned a verdict in favor of the remaining defendant, *309 Rapides General Hospital. Judgment was rendered in favor of Rapides General Hospital pursuant to this verdict. Plaintiffs appeal. We affirm.

The issues presented on appeal are as follows:

1) Whether or not the trial court erred in directing a verdict in favor of Dr. Walter Preau.
2) Whether or not the trial court erred in directing a verdict in favor of Dr. W.R. Aderhold.
3) Whether or not the jury erroneously rendered a verdict in favor of Rapides General Hospital.

On January 11, 1979, Sarah Battles underwent a thyroidectomy at Rapides General Hospital[1]. The surgery was performed at approximately 8:00 A.M. by Dr. Harry Brian. General anesthesia was administered by Dr. W.R. Aderhold. Following surgery and an uneventful recovery period in the recovery room, Sarah was returned to her room on the sixth floor.

At approximately 11:00 A.M., Sarah arrived at her room. Two R.N. applicants checked her vital signs and put her into her bed.[2] Shortly thereafter, Nurse Mary Heald, the head nurse on the sixth floor, examined Sarah and found her to be in good condition.

Sometime thereafter, one of the R.N. applicants called Nurse Heald back to Sarah's room. Nurse Heald found that she had become somewhat restless. Nurse Heald decided to call Dr. Brian to see whether he wished to prescribe medication. Nurse Heald learned that Dr. Brian had left the hospital and was in route to England Air Force Base. A message for him was left at the base.

While waiting to leave a message for Dr. Brian, Nurse Heald received word over the intercom that Sarah's condition had worsened. Nurse Heald sent Carlyess Burns, an experienced registered nurse, to Sarah's room to check her condition. After leaving the message for Dr. Brian, Nurse Heald returned to Sarah's room. Without actually entering the room, Nurse Heald heard that Sarah had developed stridor.[3] Determining that Sarah might require intubation, Nurse Heald called Dr. Aderhold.[4] Dr. Aderhold was unable to respond and come to the sixth floor.

After the conversation with Dr. Aderhold, Nurse Heald called the nursing supervisor to secure the services of an anesthesiologist. At the same time Nurse Heald was placing this call, Nurse Burns called the emergency room to obtain the services of the emergency room physician, Dr. Walter Preau.

Nurse Heald then returned to Sarah's room bringing with her a crash cart.[5] Nurse Heald set up the "ambu bag", connected the cardiac monitor, removed Sarah's dressing and began removing the sutures. Before Nurse Heald completed removal of the sutures, Dr. Preau arrived.

Upon Dr. Preau's arrival, he found Sarah to be in respiratory distress and determined that she needed to be intubated. His first attempt at intubation was unsuccessful. Likewise, his second attempt was unsuccessful *310 due to Sarah's physique and the fact that she was "bucking" the tube.[6] After Dr. Preau's second attempt, Dr. Ronald Lewis, an anesthesiologist, who came to Sarah's room at the request of the nursing supervisor, was able to successfully intubate the patient. Dr. Lewis was successful in his effort because at this point Sarah had become flaccid and was no longer bucking the tube.

As the intubation was completed, Dr. Brian arrived at Sarah's room. Sarah was taken back to surgery and a tracheotomy was performed[7]. After the tracheotomy, it was discovered that Sarah had sustained brain damage as a result of lack of oxygen to her brain. Sarah never regained consciousness and died on January 7, 1980.

Pursuant to LSA-R.S. 40:1299.41 et seq., plaintiffs' claim was submitted to a medical review panel consisting of Dr. J. Browne Larose, Jr., an emergency specialist, Dr. Palmer Texada, a general surgeon, and Dr. John Adriani, an anesthesiologist. On August 28, 1981, the medical review panel rendered its decision finding that:

"1) The evidence supports the conclusion that the defendant, Rapides General Hospital, failed to comply with the appropriate standard of care as charged in the complaint.
2) The evidence does not support the conclusion that the defendants, Dr. Harry Brian and Dr. Walter Preau, failed to meet the applicable standard of care as charged in the complaint.
3) The evidence shows that with respect to the defendant, Dr. W.R. Aderhold, there is a material issue of fact, not requiring expert opinion, bearing on the liability for consideration by the court."

On September 2, 1981, Dr. John Adriani filed a dissenting opinion wherein he dissented from the finding that Dr. Aderhold could be at fault.

Plaintiffs' case came to jury trial on July 12, 1982. During trial, plaintiffs voluntarily dismissed Dr. Harry Brian. Directed verdicts were rendered in favor of Dr. Preau and Dr. Aderhold and a jury verdict was rendered in favor of defendant, Rapides General Hospital.

Plaintiffs perfected this appeal from the judgments dismissing their claims against the defendants, Dr. Preau, Dr. Aderhold and Rapides General Hospital.

Plaintiffs first contend that the trial court erred in granting a motion for a directed verdict in favor of Dr. Walter Preau.

This court has adopted the following standard to determine whether a motion for a directed verdict should be granted:

"On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence—not just that evidence which supports the non-mover's case—but in the light and with all reasonable inferences most favorable to the party opposed to the motion.

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