Blocker v. Rapides Regional Medical Center

862 So. 2d 1220, 2003 WL 22998617
CourtLouisiana Court of Appeal
DecidedDecember 23, 2003
Docket03-745
StatusPublished
Cited by7 cases

This text of 862 So. 2d 1220 (Blocker v. Rapides Regional Medical Center) 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
Blocker v. Rapides Regional Medical Center, 862 So. 2d 1220, 2003 WL 22998617 (La. Ct. App. 2003).

Opinion

862 So.2d 1220 (2003)

Leonard BLOCKER, et ux.
v.
RAPIDES REGIONAL MEDICAL CENTER, et al.

No. 03-745.

Court of Appeal of Louisiana, Third Circuit.

December 23, 2003.

*1221 Charles Henry Munsterman, Alexandria, LA, Todd A. Townsley, Townsley Law Firm, Lake Charles, LA, Counsel for Plaintiffs/Appellees, Leonard Blocker and Elizabeth Blocker.

Victor Herbert Sooter, Sooter & Savoie, Alexandria, LA, Counsel for Plaintiff, Rapides Regional Medical Center.

Marc W. Judice, Judice & Adley, Lafayette, LA, Counsel for Defendant/Appellee, Medical Protective Company and Dr. Parmaswara Kaimal.

David Richard Sobel, Provosty, Sadler & deLaunay, Alexandria, LA, Counsel for Defendant/Appellant, Louisiana Patients' Compensation Fund & Oversight Board.

Court composed of BILLIE COLOMBARO WOODARD, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

GREMILLION, Judge.

In this case, the defendant, the Louisiana Patient's Compensation Fund (LPCF), appeals the judgment of the trial court in favor of the plaintiff, Leonard Blocker, granting his motion for Judgment Notwithstanding the Verdict and increasing his damage award. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Blocker and his wife, Elizabeth, filed suit against Dr. Parameswara Kaimal and Rapides Regional Medical center urging that Dr. Kaimal failed to diagnose and treat a condition that developed after Dr. Kaimal performed surgery on him. The Blockers alleged that the failure eventually led to the amputation of Leonard's right lower leg and a large portion of his left foot. Rapides Regional was, thereafter, granted summary judgment and dismissed from the suit. Following a trial, the jury rendered a verdict finding Dr. Kaimal negligently treated Blocker and that this negligence was a proximate cause of his injuries. It awarded him the following sums and made the following finding:

*1222
(A) Leonard Blocker
   (1) Past and Future Pain and Suffering              $    60,000
   (2) Past and Future Mental Pain and Suffering       $    30,000
   (3) Loss of Enjoyment of Life                       $    10,000
   (4) Scarring and Disfigurement                      $    35,000
   (5) Past Medical Expenses                           $ 52,716.04
   (6) Are Future Medical Expenses Needed              YES
(B) Elizabeth Blocker
   (1) Loss of Consortium                              $    15,000
TOTAL AWARD                                            $202,716.04

Judgment was rendered on December 16, 2002, after which Blocker filed a motion for JNOV, which was granted. Following a hearing, the trial court made the following in damage awards:

(A) Leonard Blocker
   (1) Past and Future Pain and Suffering              $   100,000
   (2) Past and Future Mental Pain and suffering       $    50,000
   (3) Loss of Enjoyment of Life                       $   100,000
   (4) Scarring and Disfigurement                      $   100,000
   (5) Past Medical Expenses                           $ 52,716.04
   (6) Are future medical expenses needed?             Yes
(b) Elizabeth Blocker
   (1) Loss of Consortium                              $    15,000
TOTAL AWARD                                            $417,716.04

The LPCF timely appealed to this court.

ISSUES

LPCF assigns as error:

1. The trial court's award for future medical benefits when Blocker failed to establish, by a preponderance of the evidence, the need for such benefits and the probable cost.

2. The trial court's award of open-ended future medical benefits, "where judgment is rendered for a total amount less than the maximum amount recoverable," contrary to La.R.S. 40:1299.43(A)(5).

3. The trial court's grant of Blocker's Motion for JNOV and the increase in the general damage award by 143%.

4. The trial court's allowing Blocker to recover for loss of enjoyment of life and past, present, and future mental and physical injuries.

FUTURE MEDICAL TREATMENT AND COSTS

LPCF first urges that the jury committed manifest error in finding that Blocker needed future medical treatment. Pursuant to La.R.S. 40:1299.43(A)(1), whether a patient is in need of future medical care is a question of fact for the jury to decide. Thus, we review the jury's finding under the well-established manifest error rule. LPCF urges that Blocker failed establish that he was in need of any future medical treatment and that the jury was not presented with any medical evidence substantiating his claims for future treatment.

Although there was no physician testimony as to his future medical costs, *1223 Blocker testified that his prosthesis needs to be replaced often and that it had been replaced several times prior to trial. Blocker's son, James, also testified that his father's prosthetic device needs to be replaced. Louisiana Revised Statutes 40:1299.43(B)(1) specifically contemplates the need for the replacement of prosthetic devices as "future medical care.[1]" Apparently, the jury found merit in the testimony of Blocker and his son. Future medical care need not be supported by expert medical testimony in cases where the medical care is obvious and necessary. See Thomas v. S.W. La. Hosp. Assoc., 02-645 (La.App. 3 Cir. 12/11/02), 833 So.2d 548, writ denied, 03-476 (La.4/25/03), 842 So.2d 401. Accordingly, we find no error in the jury's finding that Blocker will need future medical care.

Next, LPCF urges that, pursuant to La.R.S. 40:1299.43(A)(1), the trial court erred in not having the jury determine the actual cost of the future medical care. Louisiana Revised Statutes to 40:1299.43(A)(1) states (emphasis added):

In all malpractice claims filed with the board which proceed to trial, the jury shall be given a special interrogatory asking if the patient is in need of future medical care and related benefits and the amount thereof.

Additionally, LPCF urges that, pursuant to La.R.S. 40:1299.43(A)(5), in cases where the total judgment is less than $500,000, a lump sum award is required. Louisiana Revised Statutes 40:1299.43(A)(5) states:

In all cases where the judgment is rendered for a total amount less than the maximum amount recoverable, including any amount awarded on future medical care and related benefits, payment shall be in accordance with R.S. 40:1299.44(A)(7) and 40:1299.44(B)(2)(a), (b), and (c).

Louisiana Revised Statutes 40:1299.44(A)(7)(a) states that: "Claims from the patient's compensation fund exclusive of those provided for in R.S. 40:1299.43 shall be computed at the time the claim becomes final."

First we note, as pointed out by Blocker, that LPCF did not lodge a contemporaneous objection to the jury verdict form, thereby preserving this issue for appeal. La.Code Civ.P. art. 1793(C). After examining the issue, we still find no error in the trial court's interrogatories placed before the jury. We find the words "the amount thereof" troublesome and in conflict with the very purpose of the Act. Louisiana Revised Statutes 40:1299.43(C) states:

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Cite This Page — Counsel Stack

Bluebook (online)
862 So. 2d 1220, 2003 WL 22998617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blocker-v-rapides-regional-medical-center-lactapp-2003.