Brown v. EA Conway Memorial Hosp.

588 So. 2d 1295, 1991 WL 226557
CourtLouisiana Court of Appeal
DecidedOctober 30, 1991
Docket22945-CA
StatusPublished
Cited by9 cases

This text of 588 So. 2d 1295 (Brown v. EA Conway Memorial Hosp.) 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
Brown v. EA Conway Memorial Hosp., 588 So. 2d 1295, 1991 WL 226557 (La. Ct. App. 1991).

Opinion

588 So.2d 1295 (1991)

Wardell BROWN, Plaintiff-Appellant,
v.
E.A. CONWAY MEMORIAL HOSPITAL through STATE of Louisiana, Defendant-Appellee.

No. 22945-CA.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1991.

Guerriero & Guerriero by Jeffrey D. Guerriero, Monroe, for appellant.

Hayes, Harkey, Smith, Cascio & Mullens by Haynes L. Harkey, Jr., Monroe, for appellee.

Before MARVIN, LINDSAY and HIGHTOWER, JJ.

MARVIN, Chief Judge.

In this medical malpractice action arising out of the treatment of a stab wound, Brown appeals the dismissal of his demands on the defendant hospital's motion for involuntary dismissal that was granted *1296 by the trial court after the close of Brown's evidence in a bench trial. CCP Art. 1672 B.

The trial court granted the motion on the finding that Brown's evidence did not prove the emergency room physician, Dr. Balius, negligent. Dr. Balius was not a party defendant. Only the hospital, which owes to its patients a duty of care independent of that of the treating physician, was named as defendant. See Bossier v. DeSoto General Hosp., 442 So.2d 485 (La.App.2d Cir. 1983), writ denied.

Brown presented testimony that he and his parents showed the pocket knife with which Brown was stabbed to a hospital employee and told that employee that the blade of the knife had broken off during the fight in which Brown was stabbed. Dr. Balius said he was not told in hospital records or otherwise that the knife blade had broken during the stabbing and explained why he did not order an x-ray of Brown's shoulder where he was stabbed.

In ruling on the motion for involuntary dismissal, the trial court did not make any finding as to the credibility of Brown and his witnesses, whose testimony was uncontradicted. Only after Brown returned to the hospital several times over a two-month period following the stabbing, did another physician take an x-ray and discover the fragments of the knife blade in Brown's shoulder. After undergoing surgery, Brown brought the action against the hospital.

Finding that Brown presented a prima facie case that a hospital employee was told of the broken knife blade and negligently failed to report this fact to Dr. Balius or other appropriate personnel of the hospital, we reverse and render judgment denying the hospital's motion for involuntary dismissal. We remand to allow the trial on the merits to be concluded.

FACTS

The 19-year-old plaintiff was stabbed in the right shoulder during a fight near his home in Oak Grove on April 7, 1987. Brown's parents took him to the emergency room at E.A. Conway Hospital in Monroe. There he was treated by Dr. Balius after a nurse, Martha Baxter, took Brown's vital signs and a brief history, which she wrote on Brown's chart: "Was stabbed in right shoulder about 7:45 p.m. this evening," some 1-½ hours before Brown arrived at the hospital.

Dr. Balius testified that Brown told him he had been stabbed with a short-bladed "penknife." Dr. Balius said this was consistent with the size of the wound, which he described as "superficial" or "shallow" and about one centimeter, or a little less than ½ inch, long.

Brown had a full range of motion in his shoulder. Dr. Balius probed the wound with a swab, feeling and examining the area of Brown's back near the wound. Dr. Balius did not find any evidence of a foreign body under the skin. Dr. Balius did not take x-rays, explaining that he had no reason, from Brown's history or from his findings on examining the wound, to suspect that a foreign body was under Brown's skin.

Brown returned to the Conway emergency room for two follow-up visits on April 9 and April 15, 1987. He did not see Dr. Balius on these visits, but saw other ER staff doctors who found his wound slightly swollen, with no signs of infection, and found that he had a full range of motion in his shoulder. No x-rays were taken on these visits.

Brown went back to the Conway ER on June 15, 1987, because he still had pain and swelling in his shoulder. A staff doctor, Dr. Arbour, ordered an x-ray which showed that there were two fragments of a knife blade in Brown's shoulder. Dr. Balius was present in the ER and reviewed the x-ray with Dr. Arbour. Brown left the hospital without learning of the x-ray and returned there two days later, on June 17, 1987.

Dr. Balius then told Brown about the x-ray findings and instructed him to make an appointment with the surgical clinic at the hospital to remove the fragments. Instead, Brown saw a general surgeon in Bastrop, Dr. Reynolds. He found that Brown had pain and swelling in the area of a palpable nodule in his right shoulder and *1297 took x-rays that showed the two knife blade fragments. Dr. Reynolds removed one fragment but did not remove the other, which was not palpable and was not causing Brown any discomfort. Brown has had no further problems with his shoulder.

Brown testified that he was stabbed with a pocket knife that had two blades. He said one blade was broken off when he took the knife from the man who stabbed him and gave it to his father, Wardell Brown, Jr., after the fight. Brown and his parents testified that Brown's father brought the knife to the hospital and showed it to "a tall, brown-haired white man wearing green pants and a white coat" with hospital identification on it. They said this man took Brown's blood pressure before Brown saw Dr. Balius. Brown and his parents said they told this man, who was not identified by name in the record, that one of the blades had broken off during the fight and might still be in Brown's shoulder. Brown's father said the man looked at the knife and then returned it to him. Brown's father did not recall whether the man wrote anything down. Brown's father said he took the knife home and did not know where it was at the time of trial.

Brown's parents testified that the man they showed the knife to wore a white coat with the name of the hospital written on it, as well as a name tag with his own name on it. They did not know the man's name or what type of employee he was (doctor, nurse, etc.). They knew the man was not Dr. Balius.

Dr. Balius testified it was possible but very unlikely that the nurse who took Brown's history and vital signs was told about the broken knife blade but failed to write that information in Brown's chart. According to the chart, the nurse's name was Martha Baxter. Brown did not call Ms. Baxter, or other hospital employees on duty when he was initially treated, to testify.

Dr. Balius said he would have taken x-rays if Brown had been stabbed in the chest area, but said from the location of the wound on Brown's shoulder and from Brown's description of the weapon as a "short-bladed penknife" there was no possibility that the knife had punctured Brown's lung, damaged any other vital organs, or chipped a bone. Dr. Balius said he would have taken x-rays if he had known that the knife blade had broken off, but denied that anyone ever told him this, either directly or via the patient history in the chart. He explained that the x-rays would not necessarily have altered his treatment but would have been taken "just to find out if indeed there was something there."

Brown insisted that he did not use the term "penknife," but told the hospital employees he was stabbed with a pocket knife. Dr. Balius insisted that Brown did not use the term "pocket knife" and said Brown is the only patient he has seen, before or since, who reported being stabbed with a penknife.

The blade fragment that was removed from Brown's shoulder was 4.2 cm or about two inches long, 12 millimeters wide and 2 mm deep. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
588 So. 2d 1295, 1991 WL 226557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-ea-conway-memorial-hosp-lactapp-1991.