Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital

CourtLouisiana Court of Appeal
DecidedApril 24, 2024
Docket23-CA-452
StatusUnknown

This text of Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital (Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital) 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
Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital, (La. Ct. App. 2024).

Opinion

CASEY SLAYDON NO. 23-CA-452

VERSUS FIFTH CIRCUIT

RIVER OAKS, INC. D/B/A RIVER OAKS COURT OF APPEAL HOSPITAL STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 822-060, DIVISION "O" HONORABLE DANYELLE M. TAYLOR, JUDGE PRESIDING

April 24, 2024

SCOTT U. SCHLEGEL JUDGE

Panel composed of Judges Fredericka Homberg Wicker, Stephen J. Windhorst, and Scott U. Schlegel

AFFIRMED SUS FHW

WINDHORST, J., DISSENTS WITH REASONS SJW COUNSEL FOR PLAINTIFF/APPELLANT, CASEY SLAYDON Pierre F. Gremillion Vincent J. DeSalvo

COUNSEL FOR DEFENDANT/APPELLEE, RIVER OAKS, INC. D/B/A RIVER OAKS HOSPITAL Zachary R. Christiansen SCHLEGEL, J.

Plaintiff/Appellant, Casey Slaydon, appeals the trial court’s June 20, 2023

judgment, which granted a motion for summary judgment filed by defendant, River

Oaks, Inc. d/b/a River Oaks Hospital (“River Oaks”), and dismissed all of Mr.

Slaydon’s claims against River Oaks with prejudice. Mr. Slaydon contends that

River Oaks’ nursing staff failed to provide prompt treatment for an infection in his

left leg/knee, resulting in the amputation of his left leg above his knee. The trial

court found that Mr. Slaydon failed to meet his burden to prove that a genuine

issue of material fact existed on the issue of causation because he did not present

any expert testimony on this issue. Due to Mr. Slaydon’s complex medical history

and condition, expert testimony is necessary to establish causation in this matter.

Therefore, we affirm the judgment under review.

FACTS AND PROCEDURAL BACKGROUND

Mr. Slaydon filed a petition for damages against River Oaks on October 21,

2021. In his petition, Mr. Slaydon explains that he admitted himself into River

Oaks for “detox services” on October 1, 2020. Prior to his stay at River Oaks, he

had undergone a recent surgery to insert a rod in his left leg. He alleged that River

Oaks failed to timely diagnose and treat an infection in his left knee/leg during his

detox treatment even though he had experienced prior infections following the

surgery. He further alleged that River Oaks’ negligence caused him to sustain

injuries and damages, including the above the knee amputation of his left leg.

River Oaks filed an answer to the petition on November 12, 2021.

Over six months later, on May 16, 2022, River Oaks filed a motion for

summary judgment asserting that Mr. Slaydon could not prevail at trial because he

failed to identify an expert to testify to the elements necessary to meet his burden

of proof in a medical malpractice action ‒ the standard of care, breach of the

standard of care, and causation. River Oaks explained that it sent Mr. Slaydon

23-CA-452 1 interrogatories asking him to identify any individual who would testify as an expert

witness in this matter. Mr. Slaydon responded that he had “[n]one at this time,

other than medical providers listed herein.” Mr. Slaydon did not identify any

individual medical providers who treated his leg in his discovery responses.

River Oaks’ summary judgment motion was originally set for hearing on

July 7, 2022. The parties agreed to continue the hearing to allow Mr. Slaydon time

to depose Dr. Mack Holdiness, a physician who treated Mr. Slaydon at River Oaks.

The hearing date was eventually reset to March 16, 2023.

On March 1, 2023, Mr. Slaydon filed a one-page opposition to the summary

judgment motion. In his opposition, Mr. Slaydon agreed that he would “need to

call a medical expert to opine as to applicable standards of medical care and to the

Defendant’s breach thereof with causation of damages,” to meet his burden of

proof at trial. Mr. Slaydon attached his own affidavit, as well as an affidavit from

a nursing expert ‒ a licensed registered nurse ‒ Kimberly Stonecypher, and argued

that the affidavits provided “genuine issues of material fact.”

River Oaks filed a reply memorandum arguing that Mr. Slaydon failed to

offer any expert evidence regarding the causation element. River Oaks asserted

that while the Ms. Stonecypher’s affidavit contained numerous statements with

respect to alleged deviations from the nursing standard of care, she failed to offer

any opinions or conclusions that the damages suffered by Mr. Slaydon were

causally related to the alleged deviations. River Oaks further argued that as a

nursing expert, Ms. Stonecypher was not qualified to testify regarding medical

causation because this was outside of the realm of nursing care.

The matter came for hearing on March 16, 2023. Following oral argument,

the trial court granted summary judgment, finding that Mr. Slaydon did not

produce expert testimony to meet his burden of proof with respect to the causation

element. On June 20, 2023, the trial court signed a written judgement, which

23-CA-452 2 granted River Oaks’ summary judgment motion and dismissed Mr. Slaydon’s

claims with prejudice. The judgment stated that Mr. Slaydon “did not create

genuine issues of material fact as to causation.” On August 7, 2023, Mr. Slaydon

filed a motion for devolutive appeal, which the trial court granted the same day.

LAW AND ANALYSIS

On appeal, Mr. Slaydon argues that the trial court erred by finding that no

genuine issues of material fact existed regarding the cause of his damages. Mr.

Slaydon specifically argues that he did not need to provide expert testimony on the

issue of causation based on the “common knowledge” exception. He argues that

the breach of the nursing standards of care by River Oaks’ nursing staff caused a

delay in the assessment and treatment of his left knee/leg and that it is common

knowledge that the delayed treatment caused him additional harm.

River Oaks argues in response that expert testimony is required because

wound healing is a complex medical issue and Mr. Slaydon has a complex medical

history. River Oaks contends that the trial court properly granted summary

judgment due to the absence of any expert testimony to link any alleged deviations

in the nursing standard of care to an alleged change in Mr. Slaydon’s outcome.

The summary judgment procedure is favored and is designed to secure the

just, speedy, and inexpensive determination of every action. La. C.C.P. art.

966(A)(2). A motion for summary judgment shall be granted if the motion,

memorandum, and supporting documents show that there is no genuine issue as to

material fact and that the mover is entitled to judgment as a matter of law. La.

C.C.P. art. 966(A)(3). The burden of proof rests with the mover. La. C.C.P. art.

966(D)(1). However, if the mover will not bear the burden of proof at trial on the

issue before the trial court on the motion for summary judgment, the mover is not

required to negate all essential elements of the plaintiff’s claim, but is only

required to point out the absence of factual support for one or more elements

23-CA-452 3 essential to the plaintiff’s claim. Id. The burden then shifts to the plaintiff to

produce factual support sufficient to show the existence of a genuine issue of

material fact or that the mover is not entitled to judgment as a matter of law. Id.

Appellate courts review summary judgments de novo using the same criteria

that govern the trial court’s determination of whether summary judgment is

appropriate. Reed v. Landry, 21-589 (La. App. 5 Cir. 6/3/22), 343 So.3d 874, 880.

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Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-slaydon-versus-river-oaks-inc-dba-river-oaks-hospital-lactapp-2024.