Della Sumrall v. Singing River Health System

189 So. 3d 661, 2015 Miss. App. LEXIS 583, 2015 WL 6932766
CourtCourt of Appeals of Mississippi
DecidedNovember 10, 2015
Docket2014-CA-01139-COA
StatusPublished
Cited by1 cases

This text of 189 So. 3d 661 (Della Sumrall v. Singing River Health System) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Della Sumrall v. Singing River Health System, 189 So. 3d 661, 2015 Miss. App. LEXIS 583, 2015 WL 6932766 (Mich. Ct. App. 2015).

Opinions

GRIFFIS, P.J.,

for the Court:'

. ¶ 1. Della and Roy Sumrall filed a medical-malpractice claim against Singing River Health System (Singing River). After a bench trial, the trial court entered a judgment in favor of Singing River. The Sum-rails appeal the judgment and argue that: (1) Singing River’s expert witness should not have been allowed to testify on the nursing standard of care; (2) the court erred in denying the Sumralls’ motion for partial summary judgment on the standard of care; (3) the trial court applied.the wrong burden of proof; (4) the judgment was against the overwhelming weight of the evidence; and (5) cumulative error necessitates reversal. We find reversible error and remand this case to the Circuit Court of Jackson County for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶2. On February 23, 2012, Della was admitted to Ocean Springs Hospital1 with a complicated case of acute cholecystitis, or inflammation of the gallbladder. Dr. Edward Dvorak, a general surgeon, recommended removal of Della’s gallbladder and subsequently ordered a central line be placed in her external jugular vein. A “central line” refers to a central venous access device placed into a large vein in the patient. It is used to provide the patient with medicine, nutrients, fluids, or blood products. Della’s treatment was completed without further complications.

¶ 3. On February 29, 2012, Della was scheduled for discharge., Prior to her discharge, Chequita Steele, an OSH registered nurse, monitored Della. Nurse Steele testified that Della had previously complained of the inability to breathe when lying flat on her back and preferred to sit up. In addition to her problem with her gallbladder, Della had chronic pulmonary obstruction disease (COPD) and a partially collapsed lung, among other health problems.

¶ 4. Nurse Steele testified that Della had been reclining in a chair in her hospital room at an angle of less, than ninety degrees-speeifically “somewhere in between 30 [degrees] and 45 [degrees]. Probably closer to 45 [degrees].” Nurse Steele talked with Della about the need to remove the central line and the removal process. Thereafter, Nurse- Steele removed the dressing that - covered the insertion site and cut the sutures - holding the line in place. Nurse Steele then instructed Della to perform the Valsalva maneuver while [664]*664Steele applied pressure to the site with gauze and removed the central line. The Valsalva maneuver requires the patient to take a deep breath, hold it, and bear down.

¶ 5. Nurse Steele then testified that she held pressure on the exit site for approximately one minute. At that point, Della began gasping for breath, and she said, “I can’t breathe.” Della then became unresponsive.

¶6. Della was given emergency treatment in her room. Then, she was taken to the OSH intensive-care unit. Della suffered anoxic brain damage and permanent impairment. Della was discharged from OSH on March 29, 2012. The discharge instructions included information on treating a stroke.

¶ 7. On May 18, 2012, the Sumralls filed a medical-malpractice claim against Singing River and OSH. The complaint alleged that Nurse Steele improperly removed Della’s central line, which caused an air embolus, cardiopulmonary arrest, and anoxic brain damage.

¶ 8. Because Singing River is a governmental entity, the Mississippi Tort Claims Act governs the Sumralls’ claims. As required, the trial court held a bench trial from December 9 through December 11, 2013. On April 29, 2014, the trial court entered its findings of fact and conclusions of law. The trial court ruled in favor of Singing River and found that there was no nursing standard of care in the removal of a central line. Thus, the trial court concluded that Singing River did not violate any standard of care. On May 4, 2014, the trial court entered a final judgment. It is from this judgment the Sumralls now appeal.

ANALYSIS

¶ 9. The Sumralls’ appeal has raised five separate issues. Central to three of the issues is a challenge to the admission of the opinion evidence of Singing River’s expert — Dr. James E. Corder. After considering the issues raised, we have combined these issues under the Sumralls’ challenge that the trial court’s findings were against the overwhelming weight of the evidence and find this issue dispositive.

¶ 10. The standard of review for a judgment rendered after a bench trial is well settled. “ ‘A circuit court judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor,’ and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence.” City of Jackson v. Brister, 838 So.2d 274, 277-78 (¶ 13) (Miss.2003) (quoting Maldonado v. Kelly, 768 So.2d 906, 908 (¶ 4) (Miss.2000)). In addition, we must “recognize[ ] that the trial judge, sitting in a bench trial as the trier of fact, has the sole authority for determining the credibility of the witnesses.” City of Jackson v. Lipsey, 834 So.2d 687, 691 (¶ 14) (Miss.2003).

¶ 11. The trial court ruled in its findings of fact and conclusions of law:

[Della] was set to be discharged from [OSH] on February 29, 2012[,] to a comprehensive rehabilitation center. Nurse Chequita Steele, an employee of [Singing River,] was in charge of preparing [Della] for discharge. At a couple of points in the nursing notes from Nurse Steele, she noted that [Della] was sitting in a bedside chair in a position less than 90 degrees. Nurse Steele testified that [Della] was in the same type position when she removed [Della’s] central line. Nina Musgrove, [Della’s] daughter, disagreed “with Nurse Steele’s assessment of [Della’s] positioning at the time of the central line removal.”
Nurse Steele explained the central line removal procedure to [Della], [and] had [665]*665her take a deep breath and then bear down (the [V]alsalva maneuver) as she removed the line. It appeared that [Della] understood and complied with the instructions she was given. Once the line was removed, Nurse Steele applied pressure to the wound site. Almost immediately after the central line removal, [Della] began experiencing .distress, was gasping for air[,] and became unresponsive. Nurse Steele called for assistance, and the response team entered the room to administer care and take [Della] to [the] ICU. Based upon the testimony and medical records!,] it appears as though there is a disagreement as to the cause of the [Della’s] distress. It was either an air embolism or perhaps a cardiac event along with a stroke.
The [Sumralls] presented two experts, Dr. Lidgia Vives and Nurse Crystal Keller, to offer evidence as to the nursing standard of care regarding patient, positioning. during central line removal. Both of [the Sumralls’] experts testified that the generally accepted standard of care for central line, removal required the following: the nurse should educate the patient about the procedure; place the patient in the Trendelenb[u]rg position, which is described as having the patient in a supine position where the site of the central line insertion is below the heart; have the patient take a deep breath, hold and bear down (the [Vial-salva maneuver); then, at removal, place gauze with pressure at the removal site.

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189 So. 3d 661, 2015 Miss. App. LEXIS 583, 2015 WL 6932766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/della-sumrall-v-singing-river-health-system-missctapp-2015.