Broussard v. Maki

664 So. 2d 1360, 94 La.App. 1 Cir. 1845, 1995 La. App. LEXIS 3537, 1995 WL 743598
CourtLouisiana Court of Appeal
DecidedDecember 15, 1995
DocketNo. 94 CA 1845
StatusPublished

This text of 664 So. 2d 1360 (Broussard v. Maki) 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
Broussard v. Maki, 664 So. 2d 1360, 94 La.App. 1 Cir. 1845, 1995 La. App. LEXIS 3537, 1995 WL 743598 (La. Ct. App. 1995).

Opinion

| «¡WATKINS, Judge.

This medical malpractice case results from a patient’s 12-day stay in Thibodaux General Hospital (Thibodaux General) following an automobile accident in which the patient, Carolyn Clause Broussard, received serious injuries. She and her husband, Silveste Clevelin Broussard, filed suit against the hospital and two doctors2: Dr. Claudio V. Guillermo, Jr., the general surgeon who managed Mrs. Broussard’s case; and Dr. Neil J. Maki, the orthopedic surgeon who operated on the patient’s fractured hip. The respective insurers were also named as defendants. A bifurcated trial on the merits was held, with the case against the two doctors decided by a jury and the case against the hospital decided by the trial judge. The jury returned a verdict in favor of the doctors, finding they did not lack the necessary skill or fail to use reasonable care; the jury did not reach the issue of causation. The trial judge ruled in favor of the hospital, finding that plaintiffs failed to prove any neglect or breach of duty on the part of the hospital and failed to prove causation.

Our review of the record convinces us plaintiffs failed to prove Mrs. Broussard’s injuries were caused by the actions of either of the two doctors or the hospital. We affirm.

FACTS

Counsel for Dr. Guillermo has provided us with an accurate recitation of the undisputed facts supported by the record, which we quote:

In the late evening hours of February 25, 1990, the Broussards, while driving to their home in St. Mary’s Parish were involved in a serious automobile accident in Thibodaux, Louisiana.

Mrs. Broussard arrived unconscious at the Emergency Room of Thibodaux General Hospital at approximately 11:20 p.m. It was documented in the | «¡Emergency Room record that Mrs. Broussard was a passenger involved in a motor vehicle accident, she had no seat belt on and struck the windshield. On initial physical examination it was observed that Mrs. Broussard had a subdural hematoma, fractured hip, fractured ribs and rotated left foot. Several tests were ordered by the Emergency Room physician including a CBC, SMA-9, cross table x-ray of the C-spine and a skull CT of the head, neck and abdomen.

Because of Mrs. Broussard’s life threatening condition she was admitted to ICU, intubated and placed on a ventilator. Dr. Claudio Guillermo, a general surgeon, was consulted for management of her multi-trauma condition.

Dr. Guillermo arrived at the hospital to manage Mrs. Broussard’s multi-trauma condition at approximately 2:05 [a.m.] on the 26th. One of the first acts by Dr. Guillermo was to request a consult by Dr. Warren Williams, a neurosurgeon, for evaluation of the trauma to Mrs. Broussard’s head. Dr. Williams reviewed the CT scan and felt Mrs. Broussard had a left side epidural hematoma. Dr. Williams elected to treat Mrs. Broussard’s head injury unoperatively. [Footnote omitted.]

Dr. Guillermo obtained what pertinent medical history he could from Mr. Brous-sard, who was also injured and treated at the Emergency Room. Mr. Broussard informed Dr. Guillermo that his wife had a history of recurrent “kidney infections”.

[1362]*1362Dr. Guillermo also gleaned from the lab results that Mrs. Broussard’s BUN (50) and creatinine (5.2) levels were both elevated.

Dr. Guillermo, a general surgeon, never performed surgery on Mrs. Broussard. However, because Mrs. Broussard was a multi-trauma patient, Dr. Guillermo’s role as a general surgeon was to consult and coordinate the appropriate specialists to handle Mrs. Broussard’s numerous conditions. Dr. Guillermo observed the elevated BUN and creatinine levels and with Mrs. Broussard’s history of recurrent kidney infections, Dr. Guillermo promptly consulted Dr. Leo Hebert, an internist. Dr. Hebert examined Mrs. Broussard and contacted her prior treating physician, Dr. Amy in Abbeville, who informed Dr. Hebert that Mrs. Broussard had a chronic (longstanding) renal insufficiency due to a congenital defect. One of Mrs. Brous-sard’s kidneys had not properly developed and the [other] kidney was not functioning at full capacity. Mrs. Broussard at the time of admission to Thibodaux [General] had a kidney filtration rate of 15-20% of normal capacity.

Dr. Hebert’s recommendation to Dr. Guillermo was that Mrs. Broussard’s kidney condition was a longstanding chronic problem which at that time did not need any additional treatment. Dr. Hebert suggested that Mrs. Broussard follow-up with a nephrologist upon discharge from the hospital.

During the course of her stay at Thibo-daux [General], on x-ray Mrs. Broussard developed a widening of the mediastinum. It was Dr. Guillermo’s opinion that there may [have] be[en] a leak in a bloodvessel leading to the heart. Dr. Guillermo consulted Dr. Phil Robichaux, a thoracic and vascular surgeon. Dr. Robichaux ordered an angiogram in order to determine whether she indeed had a tear. To perform the angiogram, a dye was injected into Mrs. Broussard....

Dr. Leo Hebert was again consulted on February 28, 1990 by Dr. Guillermo to manage Mrs. Broussard’s hypertension. Dr. Hebert elected to treat the hypertension with a medication — Capoten_

Dr. Guillermo also requested an ortho-paedic consult to care for the fracture/dislocation of Mrs. Broussard’s left hip. This was initially answered by Dr. Steven Morris on February 26, 1990. Dr. Morris attempted to reduce the left [hip] fracture by placing Mrs. Broussard in traction. The fracture again became displaced. Surgery was then recommended. Dr. Morris was concerned that ... Mrs. Broussard’s hip condition could result in necrosis of the hip region. [Necrosis is where the blood supply is cut off.] Because Mrs. Broussard was obese, and not mobile, she was also at risk for developing a clot. Dr. Morris turned [over] Mrs. Broussard’s orthopaedic care to Dr. Neil Maki on March 4, 1990. Dr. Maki evaluated Mrs. Broussard for surgery.

Dr. Neil Maki first examined Mrs. Broussard and reviewed her chart on March 4, 1990. Dr. Maki also discussed her medical history, both with the Brous-sards, Dr. Guillermo, Dr. Morris and Dr. Williams. On March 6, 1990, after gaining medical clearance that morning from Dr. Williams, Dr. Maki performed an open reduction internal fixation (ORIF) of left ace-tabular fracture and debridement of Mrs. Broussard’s left hip. Because Dr. Maki was placing two cannulas screws with washers in Mrs. Broussard’s hip to reduce the fracture, prophylactic antibiotics were deemed necessary and were prescribed by Dr. Maki.

In Dr. Maki’s opinion, Mrs. Broussard was at risk for a post-surgical infection. Mrs. Broussard had catheters in place which could be a conduit for infection, and the metal implants are orthopaedically a well known source for infection_ Dr. Maki selected Mandol and gentamicin for the short term prophylactic antibiotic coverage.... The first dose was given on March 6, 1990 during the operative procedure, the last dosage early on the morning of March 10.

[1363]*1363Dr. Guillermo reviewed the post-operative orders and noted that Dr. Maid had ordered gentamicin.... Dr. Guillermo was of the opinion that the benefits of the gentamicin outweighed the risks to Mrs. Broussard.

On March 9, 1990, three days after surgery, Mrs. Broussard began having seizures. Dr. Guillermo again consulted Dr. Williams. Dr. Williams treated the seizures with anti-convulsants (dilantin) and diuretic medication. Dr. Williams noted in the chart that Mrs.

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Bluebook (online)
664 So. 2d 1360, 94 La.App. 1 Cir. 1845, 1995 La. App. LEXIS 3537, 1995 WL 743598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broussard-v-maki-lactapp-1995.