Broadway v. St. Paul Ins. Co.

582 So. 2d 1368, 1991 WL 108411
CourtLouisiana Court of Appeal
DecidedJune 19, 1991
Docket22433-CA
StatusPublished
Cited by30 cases

This text of 582 So. 2d 1368 (Broadway v. St. Paul Ins. Co.) 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
Broadway v. St. Paul Ins. Co., 582 So. 2d 1368, 1991 WL 108411 (La. Ct. App. 1991).

Opinion

582 So.2d 1368 (1991)

Shirley Ann BROADWAY, Nee Miller, et vir., Plaintiffs,
v.
ST. PAUL INSURANCE COMPANY, et al., Defendants.

No. 22433-CA.

Court of Appeal of Louisiana, Second Circuit.

June 19, 1991.

*1369 Donald R. Miller, Shreveport, for plaintiffs.

Mayer, Smith & Roberts by George T. Allen, Jr., Shreveport, for defendants.

Before MARVIN, SEXTON and HIGHTOWER, JJ.

HIGHTOWER, Judge.

In this medical malpractice action, Shirley Ann Broadway and her husband appeal from a judgment dismissing their claims *1370 against Dr. Frederick L. Price ("defendant") and his insurer. We affirm.

FACTS

On January 4, 1985, defendant, a general surgeon, performed a cholecystectomy (removal of the gallbladder) on Mrs. Broadway ("plaintiff"). During that operation, he somehow unknowingly injured or severed the common bile duct, the flexible tract or vessel through which bile flows from the liver to the duodenum. Unaware of the ductal damage, Dr. Price closed his patient and sent her to recovery after completion of the surgery. Mrs. Broadway generally fared well during her postoperative hospitalization, but large amounts of bile discharged from a drain placed in her side.[1]

While concerned about the excessive drainage, Dr. Price took no steps to determine its source, anticipating the complication would correct itself as had occurred with his other patients who experienced similar quantities of discharge. Instead of abating, however, the secretion initially increased. Eight days after surgery, defendant discharged Mrs. Broadway since she was ambulatory, afebrile (without fever), consuming a regular diet, and having brown stools.[2] Once home, the drainage tapered off. Indeed, during the second follow-up office visit on February 3, Dr. Price removed the drain, primarily basing his decision to do so upon information from plaintiff about the quantity of flow.

Mrs. Broadway returned to defendant's office on February 14, however, complaining of pain in the area of the incision. Promptly hospitalizing the patient, defendant ordered a CT scan which revealed an accumulation of fluid beneath the liver. He then decided in favor of an exploratory laparotomy to determine, if possible, the cause of the leakage and to establish drainage.

Dr. Price performed the surgery on February 15, 1985. Accessing the subhepatic space, he found a moderate sized bile abscess which he suctioned off. Nevertheless, even after closely studying the surgical field, he could not visually locate the source of the leakage. Additionally, as a result of inflammation caused by accumulated bile, the surrounding tissue had become friable, meaning it would likely tear if touched. Accordingly, he did not perform a cholangiogram[3] or dissect out the entire common bile duct for examination. Still unaware of the injury to the common bile duct and convinced, by his past experience, that the body would heal itself upon alleviation of the irritation, defendant installed two types of drains to achieve better drainage.

Following this second surgery, Mrs. Broadway again drained an excessive amount of bile.[4] Expecting the flow to subside and stop, as with previous patients, Dr. Price released her on February 21 to recuperate at home. Plaintiff, now having lost her confidence in defendant, only saw him for one follow-up visit on February 27.

Thereafter, on March 12, 1985, she sought treatment from another general surgeon, Dr. Wallace Brown. Based upon her history and the continuing drainage, he ordered an endoscopic retrograde cholangiopancreatomy (ERCP), a nonsurgical diagnostic procedure which injects dye into *1371 the biliary system to facilitate an X-ray examination for patency (the condition of being open or unobstructed). During two studies, performed more than 15 days apart, the test substance entered the common bile duct but could not be forced above the lower portions of the structure. According to subsequent reports, the colored matter did not fill beyond the approximate level of the cystic duct previously connected to the gallbladder.

After initially scheduling repair surgery, Dr. Brown cancelled the procedure upon concluding that the inflamed internal structures would not then tolerate the operation. Also, Mrs. Broadway's blood tests, all within normal limits, as well as other studies, demonstrated drainage of bile into the intestine. Thus, the body conceivably might heal itself, if given time. Accordingly, the doctor discharged his patient from the hospital, while recommending periodic followup visits.

In November 1985, plaintiff's recurring problems prompted corrective surgery. Upon entering the affected area, Dr. Brown found the proximal and distal ends of the common bile duct separated by a "very short distance." In reconnecting the two segments, he emplaced a T-tube, later removed after an uneventful recovery.

Initially, to a Medical Review Panel, the Broadways presented allegations against Dr. Price, Dr. E. Blaine Pittman, who assisted in the first two surgeries, and Schumpert Medical Center. Two of the three physicians on that tribunal, after examining the documentary evidence, found Dr. Price guilty of no malpractice.

Plaintiffs thereafter filed their present action, naming the two surgeons and their insurer (both physicians actually having the same carrier), in addition to the hospital, as defendants. Prior to trial, plaintiffs dismissed the suit against the medical facility. Later, at the conclusion of plaintiffs' case, the lower court granted a motion for directed verdict presented by Dr. Pittman. Subsequently, the jury decided in favor of the remaining defendants. After the lower court refused to grant judgment NOV, plaintiffs perfected this appeal challenging only the jury verdict.

It is here asserted that the trial judge erred in sustaining the jury verdict when the evidence demonstrated, according to plaintiffs, that Dr. Price breached the standard of care in (1) cutting the common bile duct; (2) failing to perform an ERCP in the face of excessive bile drainage and his knowledge that he had cut the common bile duct; (3) failing to advise, prior to the first surgery, of the risks of cutting the common bile duct; and (4) failing to later advise his patient of the availability of an ERCP to determine the patency of the common bile duct.

DISCUSSION

In a medical malpractice action against a physician or surgeon, the plaintiff has the burden of proving:

(1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians ... licensed to practice in the state of Louisiana and actively practicing in a similar community or locale and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians... within the involved medical specialty.
(2) That the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence, along with his best judgment in the application of that skill, and
(3) That as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.

LSA-R.S. 9:2794(A).

The law does not, however, require absolute precision in medical diagnoses.

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Cite This Page — Counsel Stack

Bluebook (online)
582 So. 2d 1368, 1991 WL 108411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-v-st-paul-ins-co-lactapp-1991.