Blanchard v. OUR LADY OF LAKE MED. CTR.

529 So. 2d 1309, 1988 WL 81758
CourtLouisiana Court of Appeal
DecidedJuly 21, 1988
DocketCA 87 0636
StatusPublished
Cited by8 cases

This text of 529 So. 2d 1309 (Blanchard v. OUR LADY OF LAKE MED. CTR.) 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
Blanchard v. OUR LADY OF LAKE MED. CTR., 529 So. 2d 1309, 1988 WL 81758 (La. Ct. App. 1988).

Opinion

529 So.2d 1309 (1988)

Beverly BLANCHARD, et al.
v.
OUR LADY OF THE LAKE MEDICAL CENTER, et al.

No. CA 87 0636.

Court of Appeal of Louisiana, First Circuit.

July 21, 1988.
Writ Denied November 11, 1988.

*1310 Michael Matthews, Gonzales, for plaintiff-appellant Beverly Blanchard and Ann Blanchard, Individually and on behalf of their deceased son, Todd Blanchard and also Marlene Blanchard, Kent Blanchard, Timothy Blanchard, Lyle Blanchard, Chad Blanchard, and Nanette Blanchard Individually and on behalf of their deceased brother, Todd Blanchard.

Donald Zuber, Baton Rouge, for defendant-appellee Dr. William Lee, Dr. Leo Farmer, Dr. Donald Cowick & St. Paul Fire & Marine Ins. Co.

Before COVINGTON, SAVOIE and LeBLANC, JJ.

LeBLANC, Judge.

This suit was brought by Beverly Blanchard and his wife, Ann Blanchard, for the alleged wrongful death of their son, Todd Blanchard. His death was allegedly caused by negligent medical treatment administered to him after he was injured in an automobile accident. The suit was brought against Dr. William Chapman Lee, Dr. Don R. Cowick, Dr. Leo A. Farmer and Farmer, Cowick and Lee Ltd., the doctor's medical corporation. Suit was also filed against St. Paul Insurance Company, insurer of Drs. Lee, Cowick, Farmer and the medical corporation.[1] The matter was tried before a jury. At the close of plaintiffs' case-in-chief, defendants moved for a directed verdict. The trial judge granted the motion in favor of Dr. Cowick and Dr. Farmer, only. The trial proceeded and the jury returned a verdict, finding that Dr. Lee was not negligent in his treatment of Todd Blanchard. Accordingly, the trial judge rendered judgment in favor of the defendants. Plaintiffs appeal.

On December 9, 1978, Todd Blanchard (hereinafter referred to as Mr. Blanchard), was admitted to a hospital emergency room for the treatment of facial lacerations resulting from an automobile accident. Following complaints of abdominal pain by Mr. Blanchard, Dr. Lee examined Mr. Blanchard *1311 and recommended exploratory surgery. The surgery, which was performed by Dr. Lee, revealed a laceration of the left lobe of the liver, a crush injury to the pancreas and a large hematoma across the body of the pancreas. The liver injury was sutured and surgical drains were placed in the areas of the liver and the pancreas. Due to subsequent abdominal complications, three follow-up surgical procedures were performed on Mr. Blanchard by Dr. Lee during December of 1978 and the early part of January of 1979. These surgeries involved treatment of pancreatic abscesses and a colostomy. On January 26, 1979, Mr. Blanchard suffered a respiratory arrest. Although he was revived from the respiratory arrest, he died a few hours later. An autopsy revealed the cause of death to be a pulmonary embolus that lodged in the main pulmonary artery.

On appeal, plaintiffs assert two assignments of error:

1. The trial court committed reversible error in granting the motion for a directed verdict in favor of Dr. Farmer and Dr. Cowick.

2. The jury was manifestly erroneous in finding that Dr. Lee was not negligent in his treatment and care of Mr. Blanchard.

We find that the trial court abused its discretion in granting the motion for a directed verdict in favor of Dr. Farmer and Dr. Cowick. Although a trial court has much discretion in deciding whether or not to grant a motion for a directed verdict pursuant to La.Code Civ.P. art. 1810, the court should consider all of the evidence in the light most favorable to the party opposing the motion. "A court should not grant the motion unless the facts and inferences point so strongly and overwhelmingly in favor of one party that reasonable minds could not arrive at a contrary conclusion." Collett v. Branch, 516 So.2d 450, 452 (La. App. 1st Cir.1987).

In the present case, plaintiffs attempted to prove that Drs. Lee, Farmer and Cowick were negligent in their medical treatment of Mr. Blanchard, which included four surgical procedures and care following these surgeries. Plaintiff presented the expert testimony of Dr. Bruce V. MacFadyen, Jr., a general surgeon, who testified that Mr. Blanchard did not receive adequate nutritional support during his hospital stay. He explained that by the date of the second surgery, December 18, 1978, Mr. Blanchard should have been given hyperalimentation, a method of providing nutrition intravenously. (Dr. Lee's testimony on cross-examination, established that Mr. Blanchard was not given hyperalimentation until January 7, 1979.) Dr. MacFadyen testified that if Mr. Blanchard had received proper nutritional support he would probably not have been malnourished and that proper nourishment would have increased Mr. Blanchard's prospects for living. Dr. MacFadyen testified that Mr. Blanchard could not exercise because he was so malnourished. He explained that malnutrition causes a person to be weak, tired and rundown. He further testified that the pulmonary embolus which caused Mr. Blanchard's death probably resulted from Mr. Blanchard's inactivity.

Dr. MacFadyen also testified that prophylactic antibiotics should have been administered to Mr. Blanchard throughout his medical treatment starting on December 9, 1978, the date of his first operation. He explained that the antibiotics were necessary to control the infection that was present in the area of the pancreas. (Dr. Lee's testimony on cross-examination established that antibiotics were prescribed for Mr. Blanchard on December 15, 1978.)

Dr. MacFadyen further testified that, based on the pathologist's gross provisional diagnosis in the autopsy report which indicated that the proximal body of the pancreas was partially transected, a resection of the pancreas probably should have been performed at the time of the third surgical procedure, January 5, 1979. He explained that the resection was needed in order to control the flow of pancreatic juices and to control the infection of the pancreas.

*1312 Dr. MacFadyen also stated that it is more probable than not that Mr. Blanchard would have lived if the problem of the transection of the pancreas would have been properly identified and treated and if the antibiotics would have been timely administered after the first surgery.

Defense counsel contends that the directed verdict in favor of Dr. Farmer and Dr. Cowick was proper because plaintiffs' case-in-chief included very little testimony which made reference to these two doctors and this testimony did not establish that these two doctors were significantly involved in the treatment of Mr. Blanchard. Defense counsel argues that the testimony which described the three doctors' medical relationship as a "team", which may have warranted the imposition of joint liability on the three doctors, was presented during defendants' case-in-chief and should not be considered in determining whether the directed verdict was properly granted.

We find that the testimony presented in plaintiffs' case-in-chief included evidence from which the jury could have inferred that each of the three doctors, Dr. Lee, Dr. Farmer and Dr. Cowick, had the authority to administer medical treatment to Mr. Blanchard. As the admitting physician and the physician who performed the surgical procedures on Mr. Blanchard, Dr. Lee clearly had authority to treat Mr. Blanchard. On cross-examination during plaintiffs case-in-chief, Dr. Lee referred to orders in Mr. Blanchard's medical records that were made by both Dr. Farmer and Dr. Cowick. Dr. Farmer ordered the prophylactic antiobiotics on December 15, 1978 and later ordered some tests to be run on Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
529 So. 2d 1309, 1988 WL 81758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchard-v-our-lady-of-lake-med-ctr-lactapp-1988.