Beilenson v. Jefferson Parish Hospital Service District No. 2

891 So. 2d 74, 4 La.App. 5 Cir. 814, 2004 La. App. LEXIS 3088, 2004 WL 2890569
CourtLouisiana Court of Appeal
DecidedDecember 14, 2004
DocketNo. 2004-CA-814
StatusPublished
Cited by2 cases

This text of 891 So. 2d 74 (Beilenson v. Jefferson Parish Hospital Service District No. 2) 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
Beilenson v. Jefferson Parish Hospital Service District No. 2, 891 So. 2d 74, 4 La.App. 5 Cir. 814, 2004 La. App. LEXIS 3088, 2004 WL 2890569 (La. Ct. App. 2004).

Opinion

I «THOMAS F. DALEY, Judge.

The defendant, East Jefferson General Hospital, has appealed the trial court’s judgment in favor of plaintiffs, Ronald and Stuart Beilenson. For the reasons that follow we affirm.

FACTS:

The plaintiffs’ 65 year old mother, Lois Ostrolenk, presented to the emergency room at East Jefferson General Hospital at 7:40 a.m. on the morning of October 3, 1997 with complaints of abdominal pain and nausea that had begun the previous day. She was examined by the emergency room physician, Dr. Terry Creel, and a call was placed to her primary care physician, Dr. Lawrence Levy. Blood tests revealed an elevated white blood cell count. Abdominal x-rays were reported as showing extensive fecal material throughout the colon. A CT scan of the abdomen showed dilation of the small bowel with decompression of the terminal ileum and although the report did not identify the actual point of obstruction, her admitting diagnosis was to rule out small bowel obstruction.

[4She was transferred to a medical floor in the hospital at 3:00 p.m. At approximately 3:25 a.m. on the morning of October 4, 1997 she was found to be short of breath and coughing up brown mucus. Shortly thereafter, Ms. Ostrolenk was found to be not breathing with a large amount of dark brown emesis in her mouth. Resuscitation efforts were unsuccessful and Ms. Ostrolenk was pronounced dead at 4:11 a.m.

The plaintiffs instituted a medical malpractice suit against the physicians caring for Ms. Ostrolenk, as well as the hospital seeking to recover damages for the wrongful death of their mother, as well as a survivor action on her behalf.

At trial, Timothy Hilbun, a licensed practical nurse, testified that he had been practicing nursing for about one year on the day he was assigned to take care of Ms. Ostrolenk. Nurse Hilbun was working the 3-11 shift on October 3, 1997. He testified that Ms. Ostrolenk was alert and oriented, calm and cooperative, and had no respiratory distress. He testified that he was aware of the orders given by Dr. Levy that the doctor should be called if there was any increased nausea and vomiting. He further testified that he was aware that after Dr. Levy examined Ms. Ostrolenk, Dr. Levy wrote an order to notify the doctor of any changes. Nurse Hilbun testified that at 6:45 p.m. he telephoned the doctor on call for Dr. Levy, Dr. Ramiz Khalaf, to let him know that Ms. Ostrolenk had vomited. Nurse Hilbun testified that Dr. Khalaf s response was to let him know [77]*77if she vomited again. Nurse Hilbun testified that he was not aware of another vomiting episode on his shift. He was shown a note in Ms. Ostrolenk’s medical record dated October 3, 1997 written at 7:20 p.m. by Karen deLeon, a respiratory therapist, that states: “aerosol treatment not given, patient became ill; patient vomiting.” Nurse Hilbun denied being aware that Ms. Ostrolenk had vomited at 7:20 p.m., but testified that had he been informed of this incident, he would have written it in the medical chart | fiand called the doctor. Nurse Hilbun testified that he went over Ms. Ostrolenk’s condition with the oncoming nurse and left the hospital at 11:30 p.m.

Karen deLeon, a certified respiratory therapist, testified that she had no recollection of Ms. Ostrolenk. She testified that on Ms. Ostrolenk’s medical chart she checked off that the aerosol treatment was not given and the patient became ill and wrote in that the patient was vomiting. Ms. deLeon had no recollection of whether or not she spoke to the nurse, nor did she have any recollection of whether she had actually gone into Ms. Ostrolenk’s room.

Gwen Bylsma, a registered nurse, testified that she assumed Ms. Ostrolenk’s care from Nurse Hilbun. Nurse Bylsma testified that she was aware that Ms. Ostrolenk had vomited at 6:45 p.m. She acknowledged that the respiratory note indicated that Ms. Ostrolenk had vomited again at 7:20 p.m. but testified that she was not aware of this episode at the time she was caring for Ms. Ostrolenk. Nurse Bylsma testified that she first went into Ms. Ostro-lenk’s room at 12 midnight. She noted that there was feces on the floor and on the chair and that Ms. Ostrolenk was awake but confused with her intravenous line disconnected. Nurse Bylsma testified that she reconnected the intravenous line and changed Ms. Ostrolenk’s linens. Nurse Bylsma testified that while she was aware there was an order to call the doctor for any changes, she did not notify the doctor about Ms. Ostrolenk’s confusion because it is not unusual- for patients to be awakened during the night in the hospital and not think clearly. She explained that the contrast material Ms. Ostrolenk had to drink for the CT scan can give patients diarrhea and it was her impression that Ms. Ostrolenk had gotten up quickly to go to the bathroom, forgetting that she had an intravenous line, and dropped stool on her way. Nurse Bylsma testified that she returned to Ms. Ostrolenk’s room at 2:00 a.m. to administer medication through the intravenous line and if Ms. Ostrolenk had been in any distress she would have noted it in the medical record.

| (jNurse Bylsma testified that she went into Ms. Ostrolenk’s room at approximately 3:25 a.m. and found her to be slightly short of breath with coarse breath sounds. Ms. Ostrolenk asked Nurse Bylsma to retrieve a tote bag containing her asthma medication for her. Nurse Bylsma complied. Nurse Bylsma explained that she thought Ms. Ostrolenk was in need of a respiratory treatment, so she left the room and walked to the nurse’s desk to page a respiratory therapist. Nurse Bylsma testified that she informed the other personnel sitting at the desk that-Ms. Ostrolenk was in need of a respiratory treatment. Nurse Bylsma testified that when she returned to Ms. Ostrolenk’s room at approximately 3:29 a.m. she found Ms. Ostrolenk to be .cyanotic without a pulse or respira-tions with a large amount of dark brown emesis in and around her mouth. At this point, Nurse Bylsma called a “code” and resuscitation efforts were begun.

Nurse Bylsma explainéd that she did not call the doctor at 3:25 a.m. when she first noted the shortness of breath because she thought a respiratory treatment would re[78]*78solve this problem. Nurse Bylsma further explained that she did not think Ms. Ostro-lenk was in acute distress and that it was faster for her to go to the nurse’s desk to call the respiratory therapist than it was for her to call from Ms. Ostrolenk’s room.

Dr. Lawrence Levy, an expert in internal medicine and Ms. Ostrolenk’s treating physician, testified that he had treated Ms. Ostrolenk since 1989. Dr. Levy testified that while the CT scan showed some dilitation of the small bowel, he felt that Ms. Ostrolenk did not have a small bowel obstruction; rather, he opined that these changes were due to not having a bowel movement. He opined that Ms. Ostro-lenk’s most likely diagnosis was diverticulitis.

Dr. Levy explained that a nasogastric tube can be placed through the patient’s nose into their stomach and is used to remove gastric contents, decompress the intestines, and prevent patients from aspirating vomited gastric 17contents into their lungs. Dr. Levy testified that he did not feel that Ms. Ostrolenk required a naso-gastric tube because her abdomen was not distended. Dr. Levy testified that he consulted a surgeon, Dr. Norman, to evaluate Ms. Ostrolenk and Dr. Norman did not feel that Ms. Ostrolenk needed a nasogas-tric tube, nor did he feel Ms. Ostrolenk had a small bowel obstruction.

Dr. Levy testified that he would have expected Ms.

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891 So. 2d 74, 4 La.App. 5 Cir. 814, 2004 La. App. LEXIS 3088, 2004 WL 2890569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beilenson-v-jefferson-parish-hospital-service-district-no-2-lactapp-2004.