Deville v. Opelousas General Hospital

432 So. 2d 1131, 1983 La. App. LEXIS 8652
CourtLouisiana Court of Appeal
DecidedMay 25, 1983
DocketNo. 82-851
StatusPublished

This text of 432 So. 2d 1131 (Deville v. Opelousas General Hospital) 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
Deville v. Opelousas General Hospital, 432 So. 2d 1131, 1983 La. App. LEXIS 8652 (La. Ct. App. 1983).

Opinion

STOKER, Judge.

Plaintiff, Wyble Deville, appeals a judgment dismissing his suit against the Opelou-sas General Hospital and its employee, George Davy, for damages resulting from personal injury he sustained in a fall at the hospital. For the reasons set out below, we reverse.

FACTS

Deville is an amputee, having lost his right leg as a result of a motorcycle accident in 1947. On January 31, 1979, he was admitted to the Doctors’ Hospital of Opel-ousas to receive treatment for an injury to his left eye incurred in a fall at his home. On February 1 and again on February 5, Deville was sent to Opelousas General from Doctors’ Hospital in order to have x-rays taken of his eye.

On February 1, Deville was taken to Opelousas General in an ambulance. He entered the hospital on a stretcher and in the x-ray room he was transferred directly from the stretcher to the x-ray table by three or four people.

The accident which is the subject of this litigation occurred on February 5, 1979. Deville was driven to Opelousas General in a station wagon and placed in a wheel chair. He was carrying his crutches and not using his artificial leg at this time. He was taken to an x-ray room in the wheel chair by defendant Davy, an x-ray technician. A footstool was situated next to the x-ray table with a single handrail located on one side of it. The handrail extended upward about even with the surface of the x-ray table.

Deville claims that at this point Davy stood by the door of the room and ordered him to climb up on the table unassisted. In attempting to do so, he lost his balance and fell injuring the stump of his right leg. Davy’s version is that while assisting De-ville onto the table, the patient lost his balance and fell. Davy was alone and unable to prevent the fall.

In accordance with the Louisiana Medical Malpractice Act of 1975, Deville convened a medical review panel and obtained an opinion regarding his claims. The pertinent part of that opinion states:

[1133]*1133“In accordance with the procedure of Paragraph G, it was the opinion of the panel that the evidence does not support the conclusion that the defendant or defendants failed to meet the applicable standard of care as charged in the complaint. It was the opinion of the panel based on the medical evidence submitted that the patient had probably sustained a contusion or trauma to the stump and that there was no evidence submitted which indicated that the patient had sustained any medical expenses other than the visit to Dr. Myer, Dr. Cobb and x-rays of the stump at Doctor’s Hospital of Opelousas. It was further the opinion of the panel that there was no evidence to support that there was any permanent physical impairment as a result of the fall.”

Deville’s suit alleges in essence that Davy was negligent in his handling of Deville and that the Opelousas General is liable for that negligence through the doctrine of respon-deat superior. The jury which heard the case rendered verdicts in favor of both defendants, George Davy and Opelousas General Hospital.

COMMUNITY STANDARD OF CARE

On appeal, Deville claims that the testimony of Dr. Joseph Soileau regarding his familiarity with the practice of various hospitals in handling x-ray patients was improperly admitted to show a community standard of care. Dr. Soileau is a radiologist and served on the medical review panel. He testified that based on his experience he believed one technician could adequately assist a man in Deville’s condition onto the table. Apparently, the review board accepted Davy’s version of the accident, as did the jury.

It is plaintiff’s position on appeal that the testimony of Dr. Soileau established a “community standard of care” by which this accident was evaluated in contravention of the required standard of care discussed in Richard v. Southwest Louisiana Hospital Association, 383 So.2d 83 (La.App. 3rd Cir.1980), writ denied 385 So.2d 274 (La.1980). In that case the court, citing other authorities, stated:

“A determination of whether a hospital has breached the duty of care it owes to a particular patient depends upon the circumstances and the facts of that case.”

We do not find that the testimony of Dr. Soileau established a community standard. Rather, Dr. Soileau considered the particular circumstances of this case and expressed an opinion based on his experience. His testimony should not have been excluded on that basis.

LIABILITY

In finding for defendants, the jury apparently believed that Davy acted properly in attempting to assist Deville onto the table by himself. However, after carefully examining the picture of the x-ray table and the footstool along with the testimony of Davy, we find that the duty of care owed to this particular patient was breached. We find that the verdict of the jury in this case was clearly wrong.

At the time of this accident, Deville’s left eye was still bruised and swollen as a result of the fall at his home. In fact, the x-rays were to be made of his left eye. He was not wearing his prosthesis and could be easily identified as an amputee. Davy testified at trial that Deville appeared to be weak at the time, yet no assistance was requested.

The stool which is normally used to climb onto the x-ray table is elevated about one foot from the floor. It is equipped with a U-shaped rail on one side which rises several feet approximately even with the surface of the x-ray table. Ordinarily, a patient would step onto the stool and then lean on the rail to climb onto the table. Thus, the patient’s own weight would counterbalance any lateral force the patient might exert against the handrail and thus prevent it from falling or turning over.

Deville, having only one leg, could not step on the stool before leaning on its rail even with Davy’s assistance. Thus, whether he was alone or being assisted by Davy [1134]*1134makes no difference. When he leaned on the stool rail, it was virtually certain to turn over and fall. It appears to us that the only way in which Davy could have safely assisted Deville onto the table was to lift him up onto it. Although there is no evidence regarding Davy’s physical capabilities, Deville testified that at the time of the accident he was five feet eight inches tall and weighed 185 pounds. Unless Davy is a man of exceptional strength, we do not believe he could have lifted Deville up onto the table without assistance.

Thus, we hold that Davy and his employer, Opelousas General Hospital, breached the standard of care owed to Deville and are liable for any damages he incurred.

DAMAGES

The record in this case is sufficient for us to render judgment on the merits in accordance with the dictates of Gonzales v. Xerox Corporation, 320 So.2d 163 (La.1975).

At trial, two doctors who saw Deville as a result of his fall on February 5, 1979, testified. Dr. Mayer, a general practitioner, saw him on March 16 after the fall and stated that there was tenderness in the stump and Deville complained of pain. Dr. Mayer saw Deville again on March 19 in order to have some x-rays made. He did not see Deville again until June 12,1981, at which time Deville was complaining of aching in his stump and Dr. Mayer prescribed Percodan. The only evidence of Dr. Mayer’s charges is a receipt issued to Deville and dated March 19, 1979, for $45.00.

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Related

Richard v. Southwest Louisiana Hospital Ass'n
383 So. 2d 83 (Louisiana Court of Appeal, 1980)
Gonzales v. Xerox Corp.
320 So. 2d 163 (Supreme Court of Louisiana, 1975)

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432 So. 2d 1131, 1983 La. App. LEXIS 8652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deville-v-opelousas-general-hospital-lactapp-1983.