Coleman v. Touro Infirmary of New Orleans

506 So. 2d 571
CourtLouisiana Court of Appeal
DecidedApril 9, 1987
DocketCA-6794
StatusPublished
Cited by12 cases

This text of 506 So. 2d 571 (Coleman v. Touro Infirmary of New Orleans) 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
Coleman v. Touro Infirmary of New Orleans, 506 So. 2d 571 (La. Ct. App. 1987).

Opinion

506 So.2d 571 (1987)

Dorothy Coleman, Wife of and Larry COLEMAN, Individually and as Administrator, of the Estate of the Minor Child
v.
TOURO INFIRMARY OF NEW ORLEANS, Dr. Ernest Cherrie, Jr., and ABC Insurance Company and XYZ Insurance Company.

No. CA-6794.

Court of Appeal of Louisiana, Fourth Circuit.

April 9, 1987.
Writ Denied June 8, 1987.

*572 Jones Associates, Ltd. Ernest L. Jones, New Orleans, for plaintiffs-appellees.

Thomas, Hayes & Beahn, Harold A. Thomas, Robert D. Ford, New Orleans, for defendants-appellants.

Carruth, Cooper and Adams, Alfred Adams, Baton Rouge, for intervenors-appellants.

Before GULOTTA, BYRNES and LOBRANO, JJ.

GULOTTA, Judge.

In this medical malpractice suit, the defendant hospital and the obstetrician appeal from a $250,000.00 award in favor of a mother for the loss of her prematurely born son. Although we conclude that the evidence is insufficient to support a finding that defendants' negligence caused the death of the child, we hold that the plaintiff mother has proven that the physician's delay in attending her during her labor caused her to endure unnecessary pain, suffering, and mental anguish. Accordingly, we amend the judgment to award the mother the sum of $20,000.00 against the defendant physician only.

BACKGROUND

At 9:30 p.m. on August 31, 1979, Dorothy Coleman, approximately seven months pregnant with her fifth child, began to feel pain and notice vaginal bleeding. According to plaintiff and her husband, the pain worsened and they proceeded to the emergency room of Touro Infirmary after unsuccessfully attempting to telephone Mrs. Coleman's obstetrician, Dr. Ernest Cherrie.

At 1:30 a.m., on September 1, 1979, a duty nurse at Touro telephoned Dr. Cherrie and told him that his patient had been admitted with complaints of pain that Mrs. Coleman said did "not feel like contractions", and some fluid discharge since 4:30 p.m. the previous day. According to the nurse's notes, a "bloody show", a sign of labor, was present, and the nurse was "able to palpate uterine contractions easily", even though no contractions were observed on the fetal monitor. Dr. Cherrie prescribed Demerol to ease Mrs. Coleman's discomfort.

Ten minutes later, the nurse called again to tell Dr. Cherrie that the hospital could not administer the medication since Mrs. Coleman did not have a consent form signed by Dr. Cherrie authorizing the treatment. Dr. Cherrie thereupon requested that Mrs. Coleman be transferred to Hotel Dieu Hospital where she could be given Demerol without the necessity of his coming out to the hospital immediately. Dr. Cherrie felt that if Mrs. Coleman were evaluated at Hotel Dieu and found to be in true labor, he could personally administer to her at that time.

At 2:00 a.m., after being unable to locate Mr. Coleman to have his wife transferred to Hotel Dieu, the nurse telephoned Dr. Daniel Goldman, the Chairman of the Department of Obstetrics and Gynecology at Touro. Dr. Goldman then telephoned Dr. Cherrie and suggested that he come to the hospital. At that time, Mrs. Coleman was two centimeters dilated and was in labor, having contractions every five minutes. At 3:20 a.m. the nurses observed a large amount of "bloody show", indicative of labor.

Dr. Cherrie arrived at the hospital at 3:30 a.m. and, according to his version of the facts, examined Mrs. Coleman at 3:45 a.m. Dr. Cherrie felt Mrs. Coleman was progressing normally in premature labor and he could only wait to deliver the child. He ordered an epidural anesthetic which was administered at approximately 4 a.m.

Upon reexamining Mrs. Coleman at 4:25 a.m., however, Dr. Cherrie noted symptoms indicating a concealed abruptio placenta or tearing of the placenta from the wall of the uterus. Confronted with this complication that endangered the baby as well as the mother, Dr. Cherrie ordered that Mrs. Coleman be taken to the delivery room immediately for delivery.

At 4:29 a.m. Mrs. Coleman gave live birth to a 31 week old son weighing only a few ounces over two pounds. Dr. Cherrie determined that a concealed abruptio placenta had indeed occurred. The child died *573 approximately two minutes later from a lack of oxygen caused by this pulling away of the placenta from the uterus. Although an autopsy was later performed, the placenta was not available for examination.

Mr. and Mrs. Coleman subsequently filed suit against Touro Infirmary and Dr. Cherrie, alleging that the defendants had been negligent by failing to treat the abruptio placenta prior to the premature delivery of the infant and that defendants' actions or inactions had caused his death. After a trial on the merits, the jury rendered a $250,000.00 verdict in favor of Mrs. Coleman and against both defendants, but made no award in favor of Mr. Coleman.

CONTENTIONS

Appealing, Dr. Cherrie and Touro contend that plaintiffs failed to prove that either the physician or hospital lacked the degree of knowledge or skill required or had failed to use reasonable care and diligence in treating Mrs. Coleman. Defendants argue that uncontroverted medical testimony established that the defendant physician and hospital acted correctly and within the standards of care expected under the circumstances. Alternatively, defendants contend that the award is excessive.

The State Commissioner of Insurance, the Attorney General, and the Louisiana Patient's Compensation Fund have intervened on appeal, seeking a reduction in the quantum of the award.

Plaintiffs have moved to supplement the appellate record with a previously filed pleading stating that they intended to file a "cross-appeal" with this court. Plaintiffs argue that the jury erred in denying Mr. Coleman any damages and that the award should be increased to compensate him for the loss of his son.

EVIDENCE

The jury heard the testimony of Dr. Cherrie and two other obstetricians, in addition to the lay testimony of the Colemans and the executive director of Touro Infirmary.

Dr. Cherrie testified that the symptoms of abruptio placenta are extreme elevation of blood pressure and persistent contractions of the uterus. With typical abruptio placenta there will also be heavy vaginal bleeding, but with the concealed form there is no blood coming from the uterus. In Dr. Cherrie's opinion, it was "not highly conceivable" that Mrs. Coleman was in the early stages of abruptio placenta when she first arrived at the hospital since she did not have persistent contractions at that time, and was progressing normally in premature labor. He further testified that when he examined Mrs. Coleman at 3:45 a.m. there was no vaginal bleeding and the nurses notes reflected only a "bloody show", which was an indication that labor was progressing. According to Dr. Cherrie, it was only after the epidural anesthetic was administered at 4 a.m. that Mrs. Coleman suddenly had a sustained contraction, which was the first symptom of the concealed abruptio placenta, a complication that occurs rapidly. He stated that the vaginal delivery which occurred minutes later was much more expedient than a Caesarean section.

Dr. Daniel Goldman, Chairman of the Department of Obstetrics and Gynecology at Touro Infirmary in September, 1979, testified that every doctor handles a situation in his own way and does not necessarily go to the hospital immediately because his patient is in premature labor. Although Dr. Goldman stated that he would have seen this patient sooner than Dr. Cherrie did, he further testified that when Dr. Cherrie came to the hospital Mrs.

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Bluebook (online)
506 So. 2d 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-touro-infirmary-of-new-orleans-lactapp-1987.