Bolton v. Louisiana St. U. Med. Center

601 So. 2d 677, 1992 WL 103529
CourtLouisiana Court of Appeal
DecidedMay 13, 1992
Docket23531-CA
StatusPublished
Cited by23 cases

This text of 601 So. 2d 677 (Bolton v. Louisiana St. U. Med. 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
Bolton v. Louisiana St. U. Med. Center, 601 So. 2d 677, 1992 WL 103529 (La. Ct. App. 1992).

Opinion

601 So.2d 677 (1992)

Cindy Kees BOLTON, et al., Plaintiffs-Appellants,
v.
LOUISIANA STATE UNIVERSITY MEDICAL CENTER, et al., Defendants-Appellees.

No. 23531-CA.

Court of Appeal of Louisiana, Second Circuit.

May 13, 1992.

*679 Michael D. Cox, Shreveport, and Henri Loridans, Bossier City, for plaintiffs-appellants.

Richard Ieyoub, Atty. Gen., and Walker, Tooke, Perlman & Lyons, Sp. Asst. Atty. Gen. by Jerald L. Perlman, Shreveport, for defendants-appellees.

Before NORRIS, HIGHTOWER and BROWN, JJ.

HIGHTOWER, Judge.

Cindy Kees Bolton, who alleged that the Louisiana State University Medical Center ("LSU-MC") negligently caused her husband's death by administering excess amounts of intravenous fluids, appeals from a judgment rejecting her demands. We affirm.

FACTS

Robert Bolton, age 26, died at LSU-MC on April 27, 1984. Notwithstanding appellant's contentions that the four months of treatment preceding her husband's demise are "interesting but essentially non-contributory," we find it necessary to discuss that aspect of the decedent's medical history, as well as his final hospitalization.

On January 2, 1984, after spending the previous day vomiting and experiencing severe abdominal cramps, Bolton presented himself for medical treatment at the Bossier Medical Center. There, an examination convinced Dr. John Webb that the patient suffered from gastritis, rather than appendicitis as Bolton verbalized. Prescribing medication, the physician sent the young man home for bed rest. Still ill the next day, Bolton went to Bossier Acute Care Clinic, where Dr. Webb once again attended him. Noting no signs of recovery, the doctor recommended a visit to LSU-MC.

Upon Bolton arriving at the suggested facility early that same evening, emergency room personnel immediately diagnosed acute appendicitis. After the patient received intravenous injections to replace fluids lost during the past 48 hours, Dr. Forrest Wright performed an appendectomy, at approximately noon on January 4.

During this procedure, the surgeon discovered that the appendix had already ruptured, perforated and adhered to the sigmoid colon, forming an abscess at the attachment. Visual inspection also disclosed significant inflammation and infection of the abdomen. Additionally, the appendix had become necrotic (dead tissue) and eroded, indicating to Dr. Wright that the organ had ruptured at least twenty-four hours, if not days, earlier. In repairing the evident damage, the surgical team deemed it necessary to remove a portion of Bolton's intestine and perform a colostomy. Thereafter, the patient's January hospitalization progressed uneventfully.

On April 11, 1984, Bolton returned to LSU-MC for a scheduled colostomy closure, which another surgeon performed some five days before Dr. Richard Byrd began monitoring treatment. Prior to discharge from the hospital on April 21, the patient produced multiple satisfactory bowel movements, passed gas frequently and tolerated solid food for two or three meals.

The period with which we are principally concerned, however, began three days later. On April 24, 1984, Bolton again sought treatment upon experiencing nausea, diarrhea and vomiting, following his meal the previous evening. Despite Dr. Stephen Sessums' telephonic instructions to come immediately to the emergency room, Mrs. Bolton took her husband to the walk-in clinic at LSU-MC. Discouraged by the potential five hour wait, the Boltons finally returned home.

Detecting no subsequent improvement in the husband's symptoms, the couple returned to LSU-MC the next morning, this time reporting to the emergency room. *680 Physical examination by Dr. John Price, the ER physician, revealed definite bowel sounds and no tenderness in the abdominal area. Though Bolton's blood pressure initially registered within the normal range, the reading dropped and heart rate increased when the patient assumed a sitting position. These results, suggestive of dehydration, prompted an initial diagnosis of gastroenteritis and orders for standard laboratory work, x-rays and administration of IV fluids. Dr. Sessums concurred in this evaluation and, in turn, fully informed Dr. Byrd. Receipt of the laboratory reports later that afternoon confirmed the diagnosis of dehydration and volume depletion.

Between 9:00 a.m. and 4:00 p.m. on the date of admission (April 25), the physicians ordered approximately 3000 cc's of normal saline fluid as treatment for dehydration. Due to spillage, however, Bolton received only 2200 cc's. Initially, he improved as desired. His blood pressure rose to 140/100, a slightly elevated figure, possibly attributable to pain.

Unfortunately, beginning about 4:00 p.m., the patient's condition unexpectedly and dramatically deteriorated. The next recorded blood pressure reading of 80/0, at about 5:00 p.m., reflected a condition of profound shock. Also, at this early point, according to trial testimony, Bolton's chances of survival had dropped to ten or fifteen percent. Recognizing an extremely serious situation, Dr. Byrd and the other attending physicians set up a miniature intensive care unit in the hospital room assigned to plaintiff's husband.

Beginning to suspect septic shock, the doctors decided to surgically explore the abdomen, hoping to discover the origin of the deterioration. In anticipation of that procedure, they sought to raise and stabilize the patient's blood pressure by ordering the administration of large amounts of IV fluids. Otherwise, in his existing condition, he could not have survived either anesthesia or surgery. Such preparatory measures resulted in the administration of approximately an additional 7000 cc's of IV fluid, as well as a broad spectrum of antibiotics.

During the subsequent operation, initiated at 11:30 p.m. on April 25, the doctors continued to prescribe IV fluids, yet removed some 5000 cc's from the bowel and colon. Other liquids also evaporated while the abdomen remained open. Exploration revealed an intestinal obstruction at the site of the colostomy closure. The bowel, which exhibited a viable pulse, did not seem gangrenous. Though certain portions of the organ appeared somewhat discolored, this improved before closing. Striving to save as much of the bowel as possible during a five-hour procedure, the surgeons removed the obstructed section of the sigmoid colon and performed two colostomies.

Shortly after the 5:00 a.m. conclusion of surgery, the patient's blood pressure dropped to 50/0, a condition normally incompatible with sustained life. All the experts later agreed, and appellant conceded at oral argument, that this signified the "point of no return" for Robert Bolton. Yet, despite a zero percent chance of survival, attempts to save his life continued. These efforts included the administration of massive amounts of IV fluid intended to raise the blood pressure, and also a second-look surgery, resulting in removal of the entire then-gangrenous bowel. During this second surgical procedure, beginning about 8:15 p.m. on April 26 and again requiring almost five hours, Bolton suffered cardiac arrest but the physicians resuscitated him. Unfortunately, they did not have similar success during a later episode. Bolton died at 5:02 a.m. on April 27, 1984.

An autopsy showed the probable cause of death to be septic shock due to bowel infarction. Medical testimony reveals that septic shock, or sepsis, interferes with the ability of the body to maintain blood pressure.

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Bluebook (online)
601 So. 2d 677, 1992 WL 103529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolton-v-louisiana-st-u-med-center-lactapp-1992.