Charles Robinson, M.D. v. Regina A. Corr

188 So. 3d 560, 2016 WL 1459120, 2016 Miss. LEXIS 151
CourtMississippi Supreme Court
DecidedApril 14, 2016
Docket2015-CA-00051-SCT
StatusPublished
Cited by5 cases

This text of 188 So. 3d 560 (Charles Robinson, M.D. v. Regina A. Corr) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Robinson, M.D. v. Regina A. Corr, 188 So. 3d 560, 2016 WL 1459120, 2016 Miss. LEXIS 151 (Mich. 2016).

Opinion

WALLER, Chief Justice,

for the Court:

¶ 1. Regina Corr sued Dr. Charles Robinson for medical malpractice. The jury awarded Regina $55,634.78 for past medical expenses and $420,000 for pain and suffering. Dr. Robinson filed motions for judgment notwithstanding the verdict and for remittitur, which the trial court denied. On appeal, Dr. Robinson, argues that the trial court erred in excluding his proffered testimony, in admitting testimony from Regina’s expert that was outside her expert’s designation, and in denying his request for a remittitur. Finding no error, we affirm the judgment of the Harrison County Circuit Court.

FACTS AND PROCEDURAL HISTORY

¶ 2. In July 1998, Regina Corr went to the Gulfport Memorial Hospital to give birth to her fourth child. Her obstetrician/gynecologist (“OB/GYN”), Dr. Charles Robinson, decided to deliver Regina’s child via Caesarean section (“C-section”). During the C-section, Regina’s uterus was lacerated and required surgical repair. Dr. Robinson began placing sutures in the lacerated uterus to bring the torn sides together. According to Dr. Robinson, the uterine tissue he was attempting to repair was friable, which means it pulls apart easily and is difficult to stitch. He described the process as trying to stitch hamburger meat.

¶ 3. Dr. Robinson had tried to remove the ureter 1 from the area he was suturing, which, was in close proximity to the laceration in the uterus, and he believed he had done so. From .the C-section and lacerated uterus, Dr. Robinson estimated Regina’s intraoperative blood loss was between 800-900 milliliters. Once hemostasis (i.e., stoppage of the bleeding) was achieved, Dr. Robinson closed the surgery. He ordered an IVP 2 for the next morning out of concern for compromised ureter integrity from hematoma, blood-clot, and a possible kinking of the ureter, among other things. The IVP was performed, and the results showed a partial obstruction of Regina’s left kidney.

¶ 4. Dr. Robinson then ordered a consultation by Dr. Thad Carter, an urologist, .who performed a cystoscopy and visually examined the ureter with a urethroscope. Dr. Carter then discovered that the left ureter was sutured. -.Dr. Carter was unable to alleviate the obstruction due to the suture, so he placed a nephrostomy tube to drain the urine from the blockage into a nephrostomy bag. The nephrostomy tube is intended to allow the ureter to heal from the obstruction. ..Regina later sought treatment from another urologist who inserted ureter stents to widen the blocked area until the blockage had dissipated; Regina had no • further complaints after mid-May 1999.

¶ 5. In May 2000, Regina sued Dr. Robinson, alleging medical malpractice. She *564 claimed that, during the laceration repair, Dr. Robinson negligently sutured (or placed a suture very near) the ureter, which resulted in blockage, and that he failed to keep Regina open on the table to remove any discovered blockages. Discovery progressed and numerous depositions were taken. During his July 2001 deposition, Dr. Robinson denied suturing the left ureter, and his position never changed until the day of opening statements at trial.

¶ 6. In May 2008, Regina designated, among others, Dr. Fred Duboe, an OB/ GYN, to testify as to the standard of care and causation. In July 2014, Dr. Robinson filed his Second Supplemental Designation of Experts, which identified himself as an expert in the field of obstetrics and gynecology.

¶ 7. Trial began in September 2014. In pretrial motions, Dr. Robinson’s counsel raised objections to portions of the trial deposition testimony of Regina’s expert, Dr. Duboe, based on nonresponsiveness of some of his answers, and as being beyond the scope of Dr. Duboe’s expert designation and expertise. Specifically, Dr. Robinson’s counsel moved to ¿xclude Dr. Du-boe’s testimony that Dr. Robinson had “overestimated” Regina’s blood loss, based on his review of the medical records and his evaluation of her hemoglobin levels in the days after the surgery. The trial court overruled these objections and allowed the testimony to go before the jury, finding that Dr. Duboe was responding to a direct question posed by Dr. Robinson’s counsel, among other reasons.

¶8. During his opening statement, Dr. Robinson’s counsel, for the first time, stated that Regina’s blood loss was a factor in Dr. Robinson’s decision to conclude the surgery, rather than investigate and repair the ureter. Dr. Robinson’s counsel also stated that it would have been life-threatening to keep Regina open on the table to investigate and repair the obstruction.

¶ 9. Regina filed and argued a motion in limine to exclude this testimony of Dr. Robinson — that, due to the friability of the tissue he was suturing, and the amount of blood loss from the delivery'and laceration, he would not have removed any stitches for fear of causing uncontrollable bleeding. The trial court ruled that the basis of Dr. Robinson’s decision to close the surgery was an expert opinion which had not been disclosed, so the trial court sustained Regina’s motion to exclude it. In its ruling, the trial court stated, “I don’t disagree that Dr. Robinson can testify to what was in his mind at the time that he was performing the procedure. However, that has to have been disclosed as part of discovery, whether it was by answers to interrogatories, or by deposition.”'

¶ 10. Later during the trial, Dr. Robinson again tried to proffer testimony that he would not have attempted to remove the suture if he had known of its existence due to the friable tissue and potential bleeding. The trial court found such testimony should have been disclosed and that the proffered testimony was highly speculative and made in hindsight, as it was an opinion that was acquired after the surgical procedure had ended.

¶ 11. Testimony also was offered as to Regina’s injuries and medical treatment. Medical bills totaling $55,634.78 were admitted into evidence by stipulation of the parties and without objection. Regina testified as to her injuries, medical care, and her pain and suffering as a result of the procedure. . Brian Corr, Regina’s husband, also testified.

¶ 12. The jury awarded $55,634.78 in past medical expenses, lost wages of $8,507.20, and $420,000 for pain and suffering. Dr. Robinson filed a motion for a judgment notwithstanding the verdict *565 (JNOV), motion for remittitur, or in the alternative, motion for new trial. The trial court denied Dr. Robinson’s motions. Dr. Robinson appeals and raises the following issues: (1) whether the trial court abused its discretion in preventing Dr. Robinson from testifying that he would not have removed the stitch in Regina’s ureter during surgery, because of Regina’s blood loss and friability of the stitched .tissue, (2) whether the trial court abused its discretion in allowing Regina’s expert, Dr. Du-boe, to testify beyond his expert designation and outside his field of expertise, that Regina’s post-surgery hemoglobin levels indicate Dr. Robinson overestimated Regina’s blood loss, and (3) whether the trial court committed reversible error in refusing to grant Dr. Robinson’s motion for remittitur.

ANALYSIS

I. Whether the trial court abused its discretion in preventing Dr.

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188 So. 3d 560, 2016 WL 1459120, 2016 Miss. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-robinson-md-v-regina-a-corr-miss-2016.