Delta Regional Medical Center v. Venton

964 So. 2d 500, 2007 WL 2670302
CourtMississippi Supreme Court
DecidedSeptember 13, 2007
Docket2004-CA-02208-SCT
StatusPublished
Cited by38 cases

This text of 964 So. 2d 500 (Delta Regional Medical Center v. Venton) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delta Regional Medical Center v. Venton, 964 So. 2d 500, 2007 WL 2670302 (Mich. 2007).

Opinion

964 So.2d 500 (2007)

DELTA REGIONAL MEDICAL CENTER
v.
Michael VENTON, Individually and on behalf of all those entitled to recover for the Wrongful Death of Hattie Venton.

No. 2004-CA-02208-SCT.

Supreme Court of Mississippi.

September 13, 2007.

*502 Robert R. Stephenson, L. Carl Hagwood, Jackson, attorneys for appellant.

Michael M. Williams, Tylvester Goss, Jackson, attorneys for appellee.

Before SMITH, C.J., DICKINSON and LAMAR, JJ.

LAMAR, Justice, for the Court.

¶ 1. Hattie Venton was admitted to the Intensive Care Unit at Delta Regional Medical Center (DRMC) on January 7, 1999, after several fainting episodes. At the time, Venton was seventy-eight years old and suffered from multiple health problems such as anemia, gastrointestinal bleeding, hematuria, and atrial fibrillation. Approximately ten days after arriving at Delta Regional, Venton developed a decubitus ulcer (commonly referred to as a "bedsore") on her coccyx that ultimately expanded into a wound measuring six by ten inches. On February 17, 1999, Venton was transferred from DRMC to Health-South, a Louisiana rehabilitation facility, where the bedsore began to heal. She died on March 30, 1999. The death certificate *503 attributed the cause of death to respiratory failure, however, no autopsy was performed.

PROCEEDINGS

¶ 2. Charles Venton[1], Hattie Venton's son, brought a wrongful death claim against DRMC and ten unnamed staff members. Because DRMC was a community hospital existing under the laws of the State of Mississippi, this case proceeded as a bench trial pursuant to the Mississippi Tort Claims Act (MTCA) Mississippi Code Annotated section 11-46-1 et seq. (Rev. 2002). Upon completion of the trial proceedings, the trial judge found "by a preponderance of the evidence that negligent acts and/or omissions of the nursing staff and other employees and personnel of DRMC in failing to adequately turn and reposition Hattie Venton, and in failing to provide proper hydration, were proximate contributing causes of the skin breakdown, decubitus ulcer development, regression and the death of Hattie Venton."

¶ 3. As provided in Mississippi Code Annotated section 85-5-7 (Rev.1999), fault was apportioned between the physicians, who were not parties to the lawsuit, and DRMC. Each was found to be fifty percent at fault. The court awarded Venton's estate $1,000,000 in damages, with $500,000 assessed against DRMC. This amount was reduced to $250,000 under the MTCA[2], but was again increased to $500,000, the amount of DRMC's insurance coverage.[3] DRMC contends that there was no proof of negligence on the part of its employees, no link between the degree of care and the development of bedsores, and no proximate causation between the ulcer and Venton's death.

DISCUSSION

I. Standard of Review

¶ 4. The standard by which an appellate court reviews factual determinations made by a trial judge sitting without a jury is the substantial evidence standard. Brewer Constr. Co. v. David Brewer, Inc., 940 So.2d 921, 925 (Miss.2006). Under such a standard, a lower court's findings will not be reversed on appeal where they are supported by substantial, credible, and reasonable evidence. Donaldson v. Covington County, 846 So.2d 219, 222 (Miss. 2003). DRMC argues that we should depart from this deferential standard and instead conduct a de novo review because several of Venton's submitted findings of fact and conclusions of law were adopted verbatim by the trial court. In reviewing the record, we note that findings of fact *504 and conclusions of law were submitted by both parties and that the trial court's opinion contained some findings from each party in addition to the Court's own findings.

¶ 5. The authority cited by DRMC in support of its proposition, Mississippi Department of Transportation v. Johnson, addressed the situation where findings of fact of only one party are adopted in toto. Johnson, 873 So.2d 108, 111 (Miss.2004) (emphasis added). There, the opinion noted that:

. . . proposed findings of fact and conclusions of law which Johnson's lawyer mailed to the judge are identical to the findings of fact and conclusions of law which the judge signed on November 12, 2002. There can be no doubt that the trial judge adopted and entered verbatim Johnson's proposed findings of fact and conclusions of law. The only difference is that in the version signed by the trial judge, he "filled in the blanks" for the percentages of fault. . . .

Id. (emphasis added).

¶ 6. The situation above, where the trial judge adopted only one party's findings and conclusions, is clearly distinguishable from the case at bar. Johnson does not mandate de novo review where a court organizes facts from both sides along with its own additional findings.

¶ 7. It is no secret that courts in Mississippi deal with heavy caseloads and, unfortunately, many are understaffed. The practice of using both parties' submitted findings of fact and conclusions of law benefits judicial economy. This Court will not hinder practices that aid our court system when such actions are fair and just. We will therefore deviate from a deferential standard only when, as precedence suggests, only one party's findings of fact are adopted in toto. See id. As this record reflects a collaboration of both parties' facts and conclusions, along with original determinations from the trial court itself, the substantial evidence standard will be applied.

II. Sufficiency of the Evidence

¶ 8. To establish a prima facie case of medical negligence, a plaintiff must prove that (1) the defendant had a duty to conform to a specific standard of conduct for the protection of others against an unreasonable risk of injury; (2) the defendant failed to conform to that required standard; (3) the defendant's breach of duty was a proximate cause of the plaintiff's injury, and; (4) the plaintiff was injured as a result. Burnham v. Tabb, 508 So.2d 1072, 1074 (Miss.1987). DRMC contends that Venton failed to prove the elements of breach and causation, thus it was entitled to a directed verdict.

A. Breach

¶ 9. The plaintiff presented two experts. The first was Dr. Roy Verdery, accepted by the court as an expert in the areas of internal medicine and geriatrics. He opined that DRMC and Venton's doctors breached the standard of care in their treatment of Venton in the areas of nutrition, medication, turning, documentation and wound care.[4]

*505 ¶ 10. Noting that nutrition is essential in the maintenance of skin integrity, especially in older people who are immobile, Dr. Verdery testified that Venton's malnutrition while at DRMC contributed to the development of her decubitus ulcer. In illustrating his point, Dr. Verdery pointed to the fact that Venton lost thirty pounds in the month that she was at DRMC. This extreme weight loss led to a loss of protein which, as Dr. Verdery testified, is integral in maintaining the skin's integrity. Although there were times when it was documented that Venton refused to eat, Dr. Verdery testified that nurses should have attempted to find more attractive food alternatives, such as ice cream. He also noted that certain antidepressants double as appetite stimulants, and said that the use of such medications has been within the standard of care in the geriatric community for many years although DRMC did not attempt to use them.

¶ 11. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
964 So. 2d 500, 2007 WL 2670302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-regional-medical-center-v-venton-miss-2007.