Cruse v. Louisiana State University Medical Center

792 So. 2d 798, 2001 La. App. LEXIS 1598, 2001 WL 686966
CourtLouisiana Court of Appeal
DecidedJune 20, 2001
Docket34,779-CA
StatusPublished
Cited by12 cases

This text of 792 So. 2d 798 (Cruse v. Louisiana State University Medical Center) 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
Cruse v. Louisiana State University Medical Center, 792 So. 2d 798, 2001 La. App. LEXIS 1598, 2001 WL 686966 (La. Ct. App. 2001).

Opinion

792 So.2d 798 (2001)

Traci Book CRUSE, Plaintiff-Appellant,
v.
LOUISIANA STATE UNIVERSITY MEDICAL CENTER, Defendant-Appellee.

No. 34,779-CA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2001.

*800 Koederitz Law Firm, L.L.C by Gary P. Koederitz, Baton Rouge, Counsel for Appellant.

Louisiana Department of Justice by John F. Frederickson, Assistant Attorney General, Counsel for Appellee.

Before GASKINS, CARAWAY & PEATROSS, JJ.

PEATROSS, J.

In this medical malpractice case, the trial court granted an exception of prescription filed by Defendant, Louisiana State University Health Sciences Center-Shreveport ("LSU Health Sciences Center"), formerly known as Louisiana State University Medical Center.[1] For the reasons stated herein, the judgment of the trial court is affirmed.

FACTS

On August 25, 1995, Plaintiff, Traci Book Cruse, underwent breast reduction surgery at LSU Health Sciences Center. Her last post-operative visit at the hospital occurred on November 2, 1995. In February 1996, Ms. Cruse's personal physician, Dr. Ronnie Gregg, removed a benign mass from the area of her right breast; her last post-operative visit with Dr. Gregg occurred in March 1996. On November 20, 1997, Ms. Cruse filed a complaint with the Commissioner of Insurance for medical malpractice against LSU Health Sciences Center.

In her complaint, Ms. Cruse asserted that after her surgery in August 1995, the treating physicians at LSU Health Sciences Center advised her that, because of the complications surrounding her surgery, it would take two years for her to heal and recover from the surgery. Ms. Cruse asserted that, as a result of the alleged negligent *801 and improper medical treatment, she had sustained permanent damage to both breasts, permanent disfigurement and medical bills. She itemized her damages to include mental pain and suffering, physical pain and suffering, medical expenses, loss of wage-earning capacity and disfigurement.

Subsequently, in answer to an interrogatory seeking information concerning the specific nature of the alleged acts or omissions, Ms. Cruse stated that, while she did not yet know all the acts or omissions for which LSU Health Sciences Center was responsible, she believed the following acts and omissions occurred:

a. The doctors employed by defendant informed Traci Cruse that she would undergo a breast reduction procedure so that she would be changed from a bra size of G to a large size C or small size D; in fact, since the procedure performed by defendant's physicians, plaintiff's breasts are even smaller than a size A bra cup. Defendant's physicians assured Traci Cruse that it would take at least two years for her breasts to return to a large C or small size D cup.
b. Traci Cruse was informed by the defendant's physicians that her breasts would fill out two or more years subsequent to the surgery, but that has never occurred.
c. Traci Cruse now has lumps under her arms which the defendant's physicians told her would resolve two or more years after the surgery, and which have never resolved; these lumps are now larger than her breasts.
d. Both of plaintiff's nipples fell off of her breasts following the surgical procedure; the defendant's physicians assured her that both nipples would come back two or more years after the surgery; only one has reappeared.
e. Traci Cruse has continued to have headaches and breast pain since the surgery was performed; the defendant's physicians have assured her that those conditions would resolve two or more years after the surgery, but neither has resolved to any extent.
f. Prior to the surgery, Traci Cruse had shoulder and back pain, which defendant's physicians assured her would be relieved by the surgical procedure beginning two or more years after the procedure; since the surgery was performed, plaintiff has continued to experience shoulder and back pain.

Another of LSU Health Sciences Center's interrogatories requested Ms. Cruse to state whether she or anyone acting on her behalf had been advised by any physician or other expert that the treatment given by LSU Health Sciences Center was in any way below the applicable standard of care during the year 1995. Ms. Cruse gave the following answer to that interrogatory:

Traci Cruse does not know whether the following statements by Dr. Gregg indicate treatment "below the applicable standard of care" or not. Dr. Gregg stated to Traci Cruse that she had no breast tissue left in her breasts, that it was not true that the lumps under her arm would disappear and that they would instead need to be removed by a surgical procedure, and that, upon examining her breasts, the defendant's doctors has "messed her up." Traci Cruse does not know the date on which those statements we [sic] made, other than they were during at least one of her appointments with Dr. Gregg following *802 the surgery by defendant's physicians.

Ms. Cruse's answers to interrogatories, including those set forth above, were certified by her on November 14, 1998. On August 1, 2000, LSU Health Sciences Center filed a peremptory exception of prescription alleging that Ms. Cruse's claims for malpractice had prescribed on their face because her complaint was filed on November 20, 1997, two years and three months after the date of the surgical procedure. Attached to the peremptory exception of prescription were copies of Ms. Cruse's complaint, her responses to interrogatories, a copy of the discharge summary from her medical chart, the deposition of Dr. Gregg and the deposition of Dr. Marshall Cunningham who treated her at LSU Health Sciences Center. Ms. Cruse responded with a memorandum in opposition to which she attached her own deposition taken on August 25, 2000. The parties entered into a joint stipulation wherein they agreed that all exhibits, documents and depositions pertaining to the exception of prescription would be submitted into evidence as part of the record for purposes of adjudicating the exception. The parties further stipulated that the depositions submitted were in lieu of live testimony for purposes of the exception of prescription.

Ms. Cruse's deposition essentially reiterated the information provided in the above-quoted answers to interrogatories. With respect to her visits with Dr. Gregg in 1996 in which he allegedly told her that the doctors at LSU Health Sciences Center had "messed her up," Ms. Cruse explained that Dr. Gregg never "got into detail about what he meant," but she assumed that he was referring to the scarring; however, he never told her that the doctors at LSU Health Sciences Center had committed malpractice. When Ms. Cruse was asked if Dr. Gregg said anything about the lumps under her arms, she responded affirmatively and explained:

The only statement he made about the lumps under my arms is that normally like with the drain tubes if they haven't went away in like three or four months, they could eventually have to be took off.

Ms. Cruse was also asked what prompted her to go to an attorney in November of 1997. She responded:

Well, I took the doctors at their word that it would take two years to heal, and after the two-year period when I still hurt and my breasts still hadn't formed, the knots hadn't went away, one of my nipples had not returned, I just assumed after that time—then I knew they were wrong.

Dr. Gregg testified in his deposition that he had treated Ms.

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Bluebook (online)
792 So. 2d 798, 2001 La. App. LEXIS 1598, 2001 WL 686966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruse-v-louisiana-state-university-medical-center-lactapp-2001.