Costa v. Boyd

836 So. 2d 1265, 2003 La. App. LEXIS 141, 2003 WL 202611
CourtLouisiana Court of Appeal
DecidedJanuary 31, 2003
DocketNo. 36,584-CA
StatusPublished

This text of 836 So. 2d 1265 (Costa v. Boyd) 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
Costa v. Boyd, 836 So. 2d 1265, 2003 La. App. LEXIS 141, 2003 WL 202611 (La. Ct. App. 2003).

Opinion

hDREW, J.

In this suit to recover damages for medical malpractice, Dr. Carter Boyd appeals a judgment awarding plaintiffs a total of $36,150 in general and special damages sustained as the result of Dr. Boyd’s failure to timely order a blood test which would have detected Debra Costa’s declining renal function and ultimately, her chronic renal failure.

We amend the judgment to reduce the award of special damages, and as amended, the judgment is affirmed.

FACTS

Dr. Boyd, a family medicine practitioner, first began treating Mrs. Costa on a regular basis on June 15, 1993.1 On that date, he took Mrs. Costa’s history and performed a physical examination. Mrs. Cos-ta told Dr. Boyd that she suffered from hypertension and was taking Lopressor, a medication used to treat hypertension. Based upon the examination and history given, Dr. Boyd diagnosed hypertension and prescribed 100 mg of Lopressor, which was the same dosage prescribed by her previous physician. Dr. Boyd did not order any lab work at this time. A booklet regarding the complications of hypertension was provided to Mrs. Costa during this visit.

The record reveals that over the next 15 months, Mrs. Costa had the following contact with Dr. Boyd or his office personnel:

1?• July 27, 1993: Dr. Boyd treated Mrs. Costa for her complaints of headaches, stomach cramps and knee pain from a fall. His diagnosis was acute gastritis. Her blood pressure continued to be elevated.
• November 10, 1993: A prescription for Ru-Tuss medication was called in for Mrs. Costa.
• November 15, 1993: Mrs. Costa went to Dr. Boyd’s office with complaints of congestion in the lungs, coughing, a pain between her shoulders and an odd reaction from Ru-Tuss and Sel-dane medicines. Dr. Boyd diagnosed pleurisy, for which he prescribed a cough syrup and antibiotics. Mrs. Costa also received two injections containing an antibiotic and medication to treat her congestion.
• November 22, 1993: A prescription for Lopressor was called in for Mrs. Cos-ta.
• December 9,1993: Dr. Boyd examined Mrs. Costa. Mrs. Costa remained hypertensive, so Dr. Boyd prescribed Procardia, a blood pressure medication compatible with Lopressor. A neuro-vascular exam, which included a fundo-scopic examination of the eyes, was normal. Her blood pressure was taken by a nurse the next day.
[1268]*1268• December 23, 1993: A prescription for an antibiotic was called in for Mrs. Costa. Her blood pressure was checked by a nurse four days later, when Mrs. Costa was given samples and a prescription for Procardia. Her blood pressure was beginning to show improvement.
• January 11, 1994: A prescription for Procardia was called in for Mrs. Costa.
1February 7, 1994: Mrs. Costa was examined by Dr. Boyd. A pregnancy test was done during this visit because Mrs. Costa’s medicines would have to be changed if she had been pregnant. The pregnancy test was negative.
• April 21, 1994, and August 10, 1994: Prescriptions for Lopressor were called in for Mrs. Costa.
• September 29, 1994: Mrs. Costa’s blood pressure was checked by Dr. Costa’s nurse.

Medication to treat congestion was called in for Mrs. Boyd on October 27, 1994. Mrs. Costa was examined by Dr. Boyd for the first time in nearly nine months on November 3, 1994. She complained at the time of coughing, nausea, vomiting and shakiness. Her face was swollen and her eyes were “matting.” Dr. Boyd’s impression was an upper respiratory infection, so he prescribed the antihistamine Seldane, the antibiotic Keflex, and eye drops, and gave her an injection of antibiotics and an injection of medicine to treat the congestion. A fundoseopic examination of her eyes did not reveal any deterioration of the blood vessels in her eyes.

Mrs. Costa was treated by Dr. Roy Fleniken on November 4, 1994. Dr. Flen-iken’s diagnosis was sinusitis ethmoid, for which he gave her Claritin and Yantin. Mrs. Costa testified that Dr. Boyd felt she had a sinus infection and he wanted to send her to a specialist. Dr. Boyd could not recall referring Mrs. Costa to Dr. Fleniken. Mrs. Costa apparently chose Dr. Fleniken because he treated her husband.

|4Pr. Boyd increased Mrs. Costa’s Pro-cardia dosage on November 8, 1994. Prescriptions for Lopressor and a medication for dizziness were also called in on this date. A prescription for Xanax was called in three days later. Mrs. Costa stated that she had told Dr. Boyd that she was shaking from being weak, felt fatigued and was unable to keep food down. A prescription for Vistaril, used to treat nausea and vomiting, was called in on November 18.

Dr. Boyd examined Mrs. Costa again on November 21, 1994. Mrs. Costa continued to complain of nausea and vomiting. A physical examination showed that her cardiovascular system was clear, her chest was clear, her abdomen was soft and her vital signs were positive. Mrs. Costa had lost 10 pounds since her prior visit. For the first time, Dr. Boyd ordered a lab work-up on Mrs. Costa. He explained that he did this because he could not determine what was causing her continued symptoms.

The lab tests showed that Mrs. Costa was in renal failure. The BUN (Blood Urea Nitrogen) test is an assessment of kidney function. The normal BUN range is between 7 and 25. Mrs. Costa’s BUN measured 207. A creatinine test is also used to measure kidney function. Normal range on a creatinine test is 0.7 to 1.4. Mrs. Costa’s creatinine level was 26.6.

Mrs. Costa met with Dr. Boyd at his office the next day. She continued to complain of nausea, and she stated that her vision was bright. Dr. Boyd reviewed Mrs. Costa’s lab results with her and told her that she needed to go to the hospital. He suggested Bossier Medical Center, but when she reminded him that she did not have insurance, he told her to go to | BLSU Medical Center (“LSUMC”). This was the [1269]*1269last time that Dr. Boyd treated Mrs. Cos-ta.

When Mrs. Costa was examined at LSUMC on November 22, 1994, it was discovered through a renal ultrasound that her Mdneys had shrunken to one-half of their normal size, which was consistent with chronic renal failure. Damage to the retinal vessels in her eyes, consistent with hypertensive retinopathy, was also discovered.

Upon her admission to LSUMC, she received stat hemodialysis through a venous catheter in her groin. Her creatinine was reduced to 18.4. A catheter was placed in a right neck vein for hemodialy-sis on November 28, 1994. Mrs. Costa was discharged from LSUMC on November 30, 1994. A Tenckhoff catheter, used for peritoneal dialysis, was surgically placed in Mrs. Costa on December 9, 1994. Mrs. Costa preferred peritoneal dialysis, but occasionally she would have to rely on hemodialysis due to recurring problems with the Tenckhoff catheter and staph infections. Mrs. Costa remained on dialysis in either form for the remainder of her life. Mrs. Costa died on April 1, 1999, at the age of 42 of a heart attack.

PROCEDURAL HISTORY

A petition to impanel a Medical Review Panel filed by Mrs. Costa and her husband, Michael Costa, was received by the Patients’ Compensation Fund on August 10, 1995. It was alleged by the Costas that Mrs.

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Bluebook (online)
836 So. 2d 1265, 2003 La. App. LEXIS 141, 2003 WL 202611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costa-v-boyd-lactapp-2003.