Baty v. Olga Futrell, Crna, & Complete Anesthesia Care, P.C.

543 S.W.3d 689
CourtTexas Supreme Court
DecidedFebruary 2, 2018
DocketNo. 16-0164
StatusPublished
Cited by142 cases

This text of 543 S.W.3d 689 (Baty v. Olga Futrell, Crna, & Complete Anesthesia Care, P.C.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baty v. Olga Futrell, Crna, & Complete Anesthesia Care, P.C., 543 S.W.3d 689 (Tex. 2018).

Opinion

Dr. [Richard] Kemp performed phacoemulsificationcataract extraction, left eye, with implantation of an intraocular lens.... The surgery was performed under retrobulbar anesthesia administered by Olga Futrell, CRNA. Of note, the initial block attempt produced inadequate akinesia and anesthesia, so a second retrobulbar block attempt was performed. This is significant because complications such as globe penetration and optic nerve injury are more common when blocks require augmentation (additional needle sticks). This is due to the fact that the initial injection volume can distort the anatomy of the orbital structures, and lead to injury by the needle on the subsequent attempt. For *691this reason, many Ophthalmic surgeons augment an inadequate block by using a blunt cannula inserted via a conjunctival incision, rather than a needle.
....
... [A] clinical exam and the imaging studies, done in the immediate postoperative period, showed a completely normal retina and optic nerve head. This absolutely rules out any of the other subsequently postulated causes of poor vision such as a cilioretinal artery occlusion [or] anterior ischemic optic neuropathy....
....
In summary, the history, clinical findings, and temporal course in Mrs. Baty's case indicate that she suffered an injury to the left optic nerve during the retrobulbar block administered by Olga Futrell, CRNA. While several other tentative diagnoses were raised by physicians who saw the patient in consultation, these diagnoses were ruled out by the clinical examination or ancillary studies....
....
STANDARD OF CARE
In evaluating and providing medical care for a patient such as Mrs. Baty, the standard of care for an ordinarily prudent practitioner such as a [sic] MD or CRNA requires:
1. Adequate preoperative assessment of the patient;
2. Adequate communication with the patient and/or the patient's family;
3. Performance of only procedures for which adequate training and level of competence has been achieved;
4. Performance of such procedures at the level of competence and skill required to minimize risk to the patient;
5. In the case of retrobulbar anesthetic blocks, administering the block in the proper manner to preclude injuring the delicate structures of the orbit, including the globe and optic nerve.
BREACH OF STANDARD OF CARE
In this case, Olga Futrell, CRNA breached the standard of care and was negligent in the following ways:
1. Failing to apply the required level of training and competence, based on sound anatomical principles, in the techniques of regional ophthalmic anesthesia including retrobulbar block ;
2. Failing to ensure that the retrobulbar blockanesthesia was performed on Mrs. Baty with sufficient competence and skill to avoid damaging her optic nerve;
3. Irreparably damaging Mrs. Baty's left optic nerve during the administration of the retrobulbar block by sticking it with the retrobulbar needle.
It is my opinion that Olga Futrell, CRNA failed to meet the standard of care and that the above mentioned omissions and failures constitute substandard and negligent medical care.
CAUSATION
It is also my opinion that the negligent and substandard medical care mentioned above contributed to the injury, loss of vision, and requirement for additional follow up medical care for Mrs. Baty.
This negligence was a proximate cause of Mrs. Baty's injuries as follows:
1. Injury to the left optic nerve during the retrobulbar block by sticking it with the retrobulbar needle;
2. Permanent loss of visual acuity in the left eye;
*6923. Permanent central scotoma in the left eye;
4. Permanent loss of stereopsis (fine depth perception)[;]
5. Requirement for additional ophthalmic medical care, beyond the routine postoperative course of cataract surgery.
In my opinion, the patient's prognosis is as follows: It is certain to a reasonable medical probability that Mrs. Baty will never achieve the potential visual and functional improvement offered by uncomplicated cataract extraction.
The outcome should have been different for the following reasons: (1) the patient underwent successful cataract surgery in the right eye, by the same surgeon, in 2009. (2) Had appropriate care and skill been used during the retrobulbar block, the patient would not have suffered injury to her optic nerve. Absent this injury, the surgery would have had a successful outcome.

(Internal citations omitted).

The defendants objected to this report as well and moved to dismiss Baty's claims. The trial court granted both defendants' motions to dismiss, finding the report "deficient with respect to the elements of standards of care, breach of standards of care, and causation." A divided court of appeals affirmed, holding the report is inadequate as to the standard-of-care element because it is silent as to "what an ordinarily prudent CRNA should have done in this instance" and is therefore conclusory. 543 S.W.3d 269, 275, 2015 WL 7443677 (Tex. App.-Waco 2015) (mem. op.) (emphasis omitted). We granted Baty's petition for review.

II. Discussion

A. Statutory Framework

In reviewing a medical expert report's sufficiency, we begin with a discussion of the Texas Medical Liability Act's pertinent provisions and our decision in American Transitional Care Centers of Texas, Inc. v. Palacios , 46 S.W.3d 873 (Tex. 2001). The Act requires a claimant to serve an expert report early in the proceedings on each party against whom a health care liability claim is asserted. TEX. CIV. PRAC. & REM. CODE § 74.351(a).1 We have explained that "eliciting an expert's opinions early in the litigation [is] an obvious place to start in attempting to reduce frivolous lawsuits." Palacios , 46 S.W.3d at 877 ; see also Certified EMS, Inc. v. Potts

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Bluebook (online)
543 S.W.3d 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baty-v-olga-futrell-crna-complete-anesthesia-care-pc-tex-2018.