Carney v. Tranfaglia

785 N.E.2d 421, 57 Mass. App. Ct. 664
CourtMassachusetts Appeals Court
DecidedMarch 26, 2003
DocketNo. 02-P-52
StatusPublished
Cited by7 cases

This text of 785 N.E.2d 421 (Carney v. Tranfaglia) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carney v. Tranfaglia, 785 N.E.2d 421, 57 Mass. App. Ct. 664 (Mass. Ct. App. 2003).

Opinion

Kass, J.

In response to special questions posed in a medical malpractice case, the jury answered that the negligence of the defendant, a psychiatrist, was not a substantial contributing factor in causing the premature death of his patient, Patricia Car[665]*665ney Poretta.2 Based on that verdict, a judgment was entered for the defendant.

Poretta had died of chloral hydrate intoxication. The theory of the plaintiff’s case was that the psychiatrist, Dr. Tranfaglia, had been negligent in prescribing chloral hydrate as medication for sleep disorder to Poretta, who had struggled for years with substance abuse, anxiety, depression, and panic attack. In the hands of such a patient, the plaintiff contended, a supply of chloral hydrate was like a hand grenade on which Poretta, predictably, would pull the pin, either by accident or intentionally.

On appeal, the plaintiff claims error in (1) the exclusion of expert testimony about causation; (2) a portion of the jury instructions about what the jury might conclude as to causation if they found that Poretta had decided to end her own life; and (3) the denial of a motion for a new trial.

Facts. Taking the evidence in the light most favorable to the plaintiff, we summarize salient facts that the jury could have found. Poretta first came into the care of Dr. Tranfaglia on November 17, 1992, after an emergency admission to the Anna Jaques Hospital “for evaluation of depression with suicidal ideation.”

Then twenty-seven years of age, Poretta’s life had long been troubled. At age fourteen she developed serious psoriasis, a disfiguring and itchy ailment of the skin, all over her body. In her teenage years she made a suicidal gesture and had “significant substance abuse problems.” There was a medical record notation that her mother was an alcoholic. As a child, Poretta was sexually abused. Her parents divorced. After Poretta’s fiancé left her in 1985, she went to California to be with her sister. While Poretta was in California, her sister was shot in the face by a boyfriend. Poretta had a relationship with a man in California that ultimately broke up. She returned to Mas[666]*666sachusetts, nine months pregnant. The son bom to her was, at the age of two, diagnosed as retarded and suffering from a form of autism. Poretta married James Poretta during the summer before her death. Her relationship with him had been on and off and not without volatility. Police on July 1, 1993, responded to a call because the couple were fighting and knives had come into play. During the period from November 17, 1992, until her death on October 31, 1993, Poretta’s mother successfully took legal steps to take custody of Poretta’s child; i.e., mother and daughter were locked in legal combat about a profoundly personal issue. Poretta was sexually assaulted by a neighbor. Not long before her November 17, 1992, admission at Anna Jaques Hospital, she had suffered a miscarriage.

Before seeing Dr. Tranfaglia, Poretta had seen many doctors. She received medication for depression, anxiety, pain, and sleep difficulty. The medications included Percocet, Serax, Xanax, Zoloft, Paxil, Klonopin, Ambien, Dalmane, and chloral hydrate. Poretta abused drugs, and that proclivity was known to Dr. Tranfaglia. During the period following her admission to Anna Jaques Hospital on November 17, 1992, there were multiple admissions at a variety of institutions related to excessive use of her medications. The sleeping medication that she said worked for her was chloral hydrate, and Dr. Tranfaglia gave her prescriptions which allowed her to accumulate a large supply. Chloral hydrate is dangerous because the difference between a prescribed dose and a lethal dose is small.

2. Exclusion of expert testimony on causation. Counsel for the plaintiff made several attempts to have his expert give an opinion “whether or not Dr. Tranfaglia’s treatment contributed to [Poretta’s] death.” It was the plaintiff’s burden, counsel argued, to establish that the defendant’s negligence was the proximate cause of the plaintiff’s harm — in this case, Poretta’s death. Harlow v. Chin, 405 Mass. 697, 702 (1989). Generally, the causal link is forged by expert testimony. Ibid. Specialized knowledge may be needed to make the link, for example, between a severed nerve and incontinence, a subject about which a jury of lay people could not be expected to have a store of reliable information. When the causal fink is one that may be inferred from the evidence already received, the finder of fact [667]*667does not need help from an expert. See Matteo v. Livingstone, 40 Mass. App. Ct. 658, 663 (1996); Puopolo v. Honda Motor Co., 41 Mass. App. Ct. 96, 98-99 (1996). Here, the plaintiff’s expert had been allowed to testify copiously that chloral hydrate was a dangerous drug in the hands of an addictive personality, that Poretta had been an addictive personality, that abuse by her of chloral hydrate was predictable, that it happened, and that she died. It was hardly necessary or helpful to the jury to have the expert witness add a formulaic phrase such as “the negligent treatment caused the patient’s death.” See Matteo v. Livingstone, supra at 663. The judge’s ruling was correct, as well as within the area of the broad discretion conferred on trial judges as to the admission of expert testimony. See Commonwealth v. Woods, 419 Mass. 366, 374-375 (1995).

3. Jury instruction. In the course of her charge to the jury, the trial judge instructed as follows:

“If you find that Patricia Carney Poretta consciously decided to end her own life and that she believed that ingesting the medications [in] the quantities she took was likely to cause her death, then you may find that plaintiff has not met the burden of proof on that issue of causation.”

Before closing arguments and charge, the judge discussed this paragraph in the instructions with counsel. The focus of the objection made by plaintiff’s counsel, before and after the judge delivered her charge, was less on its substance but that the paragraph was objectionable because it introduced into the case, at the eleventh hour, a subject that was to have been out of the case, namely, whether Poretta had committed suicide.

The plaintiff’s view that suicide was off limits was based on a pretrial motion in limine, made by the defense, “to exclude any reference in the medical records or by any other evidence that. . . Patricia Carney Poretta committed suicide . . . .’’At trial and on appeal, the defense argued that the sole object of the motion in limine was exclusion of a reference to suicide as the manner of death in the autopsy report of the office of the chief medical examiner at the University of Massachusetts in Worcester. That argument is disingenuous. The motion, which, with the agreement of the parties, a judge other than the trial [668]*668judge had allowed, had a broader reach, namely reference to suicide “by any other evidence.”

As the evidence developed at trial, however, there were repeated references to suicide and questions directed at whether Dr. Tranfaglia, exercising the degree of care and skill of the average qualified physician practicing psychiatry, taking into account the advances in the profession, should have entrusted Poretta with quantities of chloral hydrate pills that he might have anticipated she would use to end her life. As to the standard of care, see Brune v. Belinkoff,

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785 N.E.2d 421, 57 Mass. App. Ct. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-tranfaglia-massappct-2003.