Becker v. Tampira

901 So. 2d 1157, 2005 La. App. LEXIS 1018, 2005 WL 896428
CourtLouisiana Court of Appeal
DecidedApril 13, 2005
DocketNo. 2004-CA-0200
StatusPublished
Cited by3 cases

This text of 901 So. 2d 1157 (Becker v. Tampira) 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
Becker v. Tampira, 901 So. 2d 1157, 2005 La. App. LEXIS 1018, 2005 WL 896428 (La. Ct. App. 2005).

Opinion

JjLEON A. CANNIZZARO, JR., Judge.

This case involves a medical malpractice action brought by the children of Marcia Becker Cochran, who died during a procedure that was being performed by the defendant, Dr. Saroj Tampira.1 A jury found that the plaintiffs failed to prove the standard of care required to be exercised by Dr. Tampira, and judgment was granted in favor of Dr. Tampira. The plaintiffs are now appealing that judgment.

FACTS AND PROCEDURAL HISTORY

The Angioplasty Procedure

Ms. Cochran underwent a peripheral angioplasty2 that was performed by Dr. | ¡¿Tampira. During the procedure, one of Ms. Cochran’s arteries was perforated, and she died.

Dr. Tampira had been treating Ms. Cochran for almost two years. When he began treating her, he found that she had several medical problems, including coronary heart disease, angina pectoris3, and peripheral vascular disease4. Approximately five months before the angioplasty in question, Dr. Tampira had performed a successful angioplasty on Ms. Cochran. At the time of the first angioplasty, he had found that Ms. Cochran had no palpable pulse in her legs. Ms. Cochran also experienced pain in her legs when she walked. An angiogram revealed severe disease of both legs primarily involving the external iliac arteries.5 Dr. Tampira performed a [1159]*1159successful angioplasty which increased the blood flow to Ms. Cochran’s legs and feet.

Ms. Cochran’s problems with her arteries returned, however. The blood vessels that had been treated in the earlier angioplasty had restenosed.6 Dr. Tampira testified that he discussed with Ms. Cochran the medical options available for treating the restenosis. Ms. Cochran decided to undergo another angioplasty, which was one of the treatment options for her condition.

Is At the beginning of the second angioplasty procedure, Ms. Cochran was given medication to help her relax. Although her blood pressure was low at this point, Dr. Tampira found that she was stable based on her appearance and her other vital signs. He then proceeded with the angioplasty procedure. Before beginning the procedure, Dr. Tampira had to determine the appropriate-balloon size to , use. If the balloon used in an angioplasty is too large, there is a risk that the artery will rupture. Dr. Tampira injected dye into Ms. Cochran’s arteries so that he could see the size of her arteries. Using his experience in determining artery size, he “eyeballed” Ms. Cochran’s arteries and decided that her arteries could accommodate an 8 millimeter balloon. He had used,a 6 millimeter balloon in the - earlier procedure, and he thought that it would be appropriate to use a slightly larger balloon in the second procedure.

Dr. Tampira performed an angiogram that showed that both of Ms. Cochran’s external iliac arteries were blocked. He then proceeded to perform balloon angioplasty on both external iliac arteries. He inserted a stent into the left external iliac artery, and he then began working with the right external iliac artery.

According to the medical records of the angioplasty, at 10:06- a.m. Dr. Tampira inserted a 6. millimeter balloon, into Ms. Cochran’s right external iliac artery. The balloon was deflated at 10:09 a.m., and it was reinflated at 10:11 ,a.m. The balloon was deflated again at 10:14 a.m., and at 10:18 a.m. an 8 millimeter stent was inserted. At this time a 6 millimeter balloon was reinserted. At 10:29 a.m. the 6 millimeter balloon was withdrawn. At 10:82 a.m. Dr. Tampira inserted |4two 7 millimeter balloons,- both of which were withdrawn, because they ruptured. At 10:36 a,m. Dr. Tampira inserted an 8 millimeter balloon, which was inflated in the stent, and he then deflated the balloon. At this point, the nurse informed Dr. Tampira that Ms. Cochran’s blood pressure was dropping. Also, at 10:86 a.m. Ms. Cochran “crashed”7 and was not breathing. A code8 team9 was called, and an emergency room physician10 was called. Dr. Tampira and the emergency room physician intu-bated 11 Ms. Cochran, and then Dr. Tampi-[1160]*1160ra performed cardiopulmonary resuscitation or CPR12 on her. When the code team arrived, they began performing CPR.

According to the medical records, at 10:45 a.m. Dr. Tampira injected dye into Ms. Cochran’s blood vessels in an attempt to determine whether an artery had been perforated. Dr. Tampira suspected that an artery perforation had led to Ms. Cochran’s crash. Although he examined the right and left common and external iliac arteries and the lower end of the aorta, he was unable to find a perforation. The medical records also show that at 11:11 a.m. a fluid used in the resuscitation effort was administered to Ms. Cochran. Finally, at 11:21 a.m., Ms. Cochran was | ñgiven a pacemaker13 in a final effort to revive her. The code team continued to give CPR to Ms. Cochran until approximately noon, but Ms. Cochran could not be revived. She was then pronounced dead. An autopsy done on Ms. Cochran’s body showed that she died due to a perforation-of her right common iliac artery.14

Had Dr. Tampira been able to locate the perforation soon enough, he could have performed a balloon tamponade15 procedure that could have slowed or stopped the blood loss so that the perforation could have been surgically repaired. Dr. Tampi-ra did not locate the perforation, however, so a balloon tamponade could not be performed.

Medical Review Panel

Prior to filing suit against Dr. Tampira, Ms. Cochran’s four adult children filed a request for a review of their claim against Dr. Tampira by a medical review panel pursuant to La. R.S. 40:1299.47. Filing a request for a review of a medical malpractice claim prior to filing suit on that claim is required by the Louisiana Medical Malpractice Act. La. R.S. 40:1299.41 et seq. The medical review panel that considered the claims against Dr. Tampira consisted of three cardiologists and a lawyer. The medical review panel issued an opinion finding that the evidence before the panel did not support the conclusion that the Chalmette Medical Center or Dr. Tampira failed to meet the applicable standard of care in treating Ms. Cochran. The reasons given for the opinion stated that “[p]rior to the time the Impatient suffered cardiac arrest, there was no clear x-ray evidence of the ruptured artery” and that “[ajfter the patient’s demise the rupture was visualized by x-ray but not recognized.” ‘ '

Physician Testimony

At the trial five physicians testified. Three of those physicians were members of the medical review panel that had reviewed the claim brought by Ms. Cochran’s children, and Dr. Tampira also testified. The final physician who testified was a radiologist who performed angioplasties.

Dr. Tampira

Dr. Tampira, who was a board certified interventional cardiologist,16 was the first [1161]*1161physician to testify at trial. He testified that when Ms. Cochran saw him prior to the first angioplasty he performed on her, she stated that she had increasing leg pain that was quite severe when she walked across a room. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
901 So. 2d 1157, 2005 La. App. LEXIS 1018, 2005 WL 896428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-tampira-lactapp-2005.