Curry v. Healthsouth North Rehabilitation Hospital-Homer Campus

58 So. 3d 1143, 2011 La. App. LEXIS 315, 2011 WL 837037
CourtLouisiana Court of Appeal
DecidedMarch 11, 2011
DocketNo. 46,015-CA
StatusPublished
Cited by3 cases

This text of 58 So. 3d 1143 (Curry v. Healthsouth North Rehabilitation Hospital-Homer Campus) 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
Curry v. Healthsouth North Rehabilitation Hospital-Homer Campus, 58 So. 3d 1143, 2011 La. App. LEXIS 315, 2011 WL 837037 (La. Ct. App. 2011).

Opinion

DREW, J.

lain this medical malpractice case in which the defendant hospital admitted liability, Matha Curry appeals the award of general and special damages and the assessment of costs. We reverse that part of the judgment ordering Curry to pay any part of the costs of doctors’ depositions and medical records. In all other respects, the judgment is affirmed.

FACTS

Matha Curry, a resident of Arkansas who was born in 1925, was injured while a patient at Healthsouth Rehabilitation Hospital in Homer, Louisiana. Curry, who was suffering from the effects of a stroke that occurred several years earlier, was at Healthsouth to receive physical rehabilitation. On August 29, 2002, a nurse tech, Sue Weathers, was assisting Curry to stand at her bedside. While Curry had her right hand on the bed rail, the bed began rolling backward and Curry lost her balance. Although Weathers was able to ease Curry to the floor, Curry’s right arm had become entangled in the bed rail, causing two fractures of the upper right arm, one near the shoulder and the other near the elbow. The long-term effects of the fracture of the right proximal humerus and of the supracondylar area of the right humerus were disputed by the parties. Curry contended that the fractures rendered her right arm and hand useless. Healthsouth countered that paralysis caused by an earlier stroke had essentially rendered the right arm and hand nonfunctional prior to the August 29 accident.

The matter was submitted to a medical review panel, before which Healthsouth admitted liability. The panel concluded that Curry’s stroke was | sthe primary cause of the loss of use of her right arm and hand. The panel added that the disability caused by the fractures was minimal at best, that the disability lasted approximately two months, and the fractures did not cause or contribute to any further permanent impairment of her ability to function.

Curry subsequently filed suit against Healthsouth, Sue Weathers, and Columbia Casualty Insurance Company.1 She alleged that despite suffering from a stroke and having minimal paralysis, she was able to use her right arm on a limited basis until the accident, and that afterward she lost total use of her right arm. In its answer, Healthsouth admitted that Curry’s fall was the result of its negligence.

Pursuant to Healthsouth’s stipulation and Curry’s motion for summary judgment, the trial court entered judgment against Healthsouth on the issue of liability. The trial court subsequently conducted a brief bench trial on the issue of damages where it heard testimony from Curry’s son. Curry’s medical records dat[1146]*1146ing back to 1992 and medical billing records were accepted into evidence. The trial court also was provided with the depositions of Curry, Weathers, Dr. Greg Vigna,2 and Dr. Stephen Wheat.3

The trial court awarded $30,000.00 in general damages for pain and suffering, and $3,198.90 in special damages for medical expenses. The trial court recognized a Medicare lien of $2,064.25 and a Medicaid lien of $452.99. Court costs were assessed against Healthsouth. The costs of Dr. Wheat’s deposition, to which Curry’s attorney had arrived three hours late, were assessed against Curry. The costs of the medical records and Dr. Vigna’s deposition were ordered to be shared equally between Curry and Healthsouth.

14Curry has appealed, arguing that the trial court abused its discretion in awarding a low amount of general damages, that the trial court was manifestly erroneous in awarding only $3,198.90 in medical expenses, and the trial court erred in its assessment of the costs of medical records and depositions.

DISCUSSION

General Damages

The trier of fact has much discretion when assessing damages in cases of offenses, quasi offenses, and quasi contracts. La. C.C. art. 2324.1. Before an appellate court may disturb an award for general damages, the record must clearly reveal that the trial court abused its broad discretion in making the award, based on the facts and circumstances peculiar to the case and the individual under consideration. Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993). It is only after an articulated analysis of the facts discloses an abuse of discretion that resort to prior awards in similar cases is proper. Dixon v. Tillman, 29,483 (La.App.2d Cir.5/7/97), 694 So.2d 585, writ denied, 97-1430 (La.9/19/97), 701 So.2d 174.

Dr. Fred Murphy started treating Curry in April of 1992, initially for complaints related to her right knee. In 1997, Curry began receiving services from the Southwestern Arkansas Development Council (“SADC”), which sent aides to Curry’s apartment to assist her with meal preparation, personal care and grooming, basic upkeep and home management, laundry, and shopping. At the time, Curry was living alone in an apartment for the elderly in a government-owned housing complex.

When Dr. Murphy examined Curry on June 19,1998, she complained that she was having trouble using her right arm and leg, a condition which |fishe said had developed over the prior few weeks. She also stated that she was unable to walk without her walker and that she dragged her right leg. Dr. Murphy suspected a stroke had affected the right side of her body.

Curry began physical therapy the next month with Magnolia Hospital Home Health, which seemed to help with weakness on her right side. However, by the following January, she was complaining to Dr. Murphy of being unable to get around very well. A partial right-sided hemipare-sis was noted. Curry also complained to Dr. Murphy about having shortness of breath.

Curry underwent a quadruple coronary artery bypass in April of 1999. A few months later, toileting was added to the tasks performed by the aides provided by SADC. Curry fell in July of 1999 and fractured her left ankle. She was exam[1147]*1147ined at Magnolia Hospital in Arkansas for decreased level of consciousness. The following November, a CT scan of her head was performed after a change in mental status was noted. Curry had been able to sign her name. However, in November of 1999, instead of signing her name to an SADC aide visit report, Curry marked the report with an “x.”

Dr. Murphy noted after examining Curry in February of 2000 that she had increased spasticity and contractures on her right side, and that she was having difficulty using her right arm and leg.- Dr. Murphy noted three months later that Curry had done better with physical therapy and was able to move around a little more with assistance and her walker. Curry moved into a disabled apartment in her complex in June of 2000.

Curry was taken to Magnolia Hospital in October of 2000 with complaints of chest pain and shortness of breath. She returned to Magnolia Hospital in July of 2001 with the same complaints. In November of 2001, IfiDr. Murphy examined her after she passed out. Curry received heart stents in May of 2002. Later that May, she was taken to Magnolia Hospital after she experienced a decreased level of consciousness. Curry returned to Magnolia Hospital in July of 2002 after she nearly fainted.

Curry’s ability to care for herself had decreased to the point that by July of 2002, she needed an aide’s help seven days a week with bathing, combing her hair, skin care, dressing, toileting, mobility transfers, meal preparation, housekeeping, and basic home upkeep.

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Bluebook (online)
58 So. 3d 1143, 2011 La. App. LEXIS 315, 2011 WL 837037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curry-v-healthsouth-north-rehabilitation-hospital-homer-campus-lactapp-2011.