Dick v. Springhill Hospitals, Inc.

551 So. 2d 1034, 1989 Ala. LEXIS 699, 1989 WL 138359
CourtSupreme Court of Alabama
DecidedSeptember 29, 1989
Docket87-1515
StatusPublished
Cited by1 cases

This text of 551 So. 2d 1034 (Dick v. Springhill Hospitals, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dick v. Springhill Hospitals, Inc., 551 So. 2d 1034, 1989 Ala. LEXIS 699, 1989 WL 138359 (Ala. 1989).

Opinion

SHORES, Justice.

Joan B. Dick appeals from summary judgments in favor of Dr. C. Lawrence Ennis and Springhill Hospitals, Inc., d/b/a Springhill Memorial Hospital (hereinafter sometimes “Springhill”), in this medical malpractice case. We affirm.

The plaintiff claims that Dr. Ennis negligently diagnosed and treated her husband’s medical condition and that he died as a result of the negligent acts. She further asserts that Springhill is liable because Dr. Ennis was acting as its agent.

It is undisputed that on February 26, 1984, William J. Dick, Jr., the decedent, was admitted by Dr. Hall to Springhill Memorial Hospital for injuries he received in an automobile accident. He was treated for a fractured right leg, a concussion, and other injuries, and he remained in the hospital until March 9, 1984, when he returned to his home.

The parties also agree that Joan B. Dick, William Dick’s wife, and his two children took him to the emergency room at Spring-hill on the next evening, Saturday, March 10, because he was experiencing pain in his left leg. Dr. Hall told the Dicks to return to the hospital that evening after Mrs. Dick had contacted him about Mr. Dick’s symptoms. Mr. Dick did not wish to be taken to the hospital, and he went only at his family’s insistence.

Mr. Dick-was examined in Springhill’s emergency room by Dr. Ennis, who diagnosed early phlebitis of the lower left leg. Phlebitis is an inflammation of a vein. Dr. Ennis prescribed pain medication to alleviate the discomfort in his leg and ordered hot compresses to be placed on the left leg. He also directed Mr. Dick to contact his orthopedist in two or three days. Mr. Dick left the hospital that evening, without signing a form indicating that he was leaving the hospital against the medical advice of his physician (“AMA form”), although he and his wife signed another form located on the same page as the AMA form. Mr. Dick returned to the emergency room by ambulance the following evening, March 11, after he collapsed at home. Dr. Ennis also treated Mr. Dick on the night of March 11, but Mr. Dick suffered respiratory and cardiac arrest and died. The cause of death was a pulmonary embolism, a blood clot in the lung.

The basis for Mrs. Dick’s suit is her assertion that, on March 10, Dr. Ennis failed adequately to inform Mr. Dick of the serious nature of his medical condition and of his need to be hospitalized for immediate treatment. She contends that had Mr. Dick been properly informed, he would not have left the hospital against the advice of Dr. Ennis. Mrs. Dick further contends that there remains a question of fact whether Springhill is vicariously liable for the negligence of Dr. Ennis.

The depositions of Dr. Ennis; Mrs. Dick; Teresa Hahn, the decedent’s daughter; and Dr. Tad Lowdermilk, the plaintiff’s expert, were taken and were included in the record. Summaries of the relevant portions of these depositions follow.

Dr. Ennis testified that in March 1984 he was a member of a “rather loose partnership” of physicians who independently contracted to provide emergency room services [1036]*1036at Springhill. Regarding Mr. Dick’s March 10 visit to Springhill’s emergency room, Dr. Ennis testified as follows: When he arrived at the hospital, Mr. Dick was smiling, friendly, and cooperative, and was not in acute distress. His primary complaint was of a sore left leg, and he told Dr. Ennis that he thought the rigorous physical therapy he had received at the hospital caused the pain in his leg. Dr. Ennis performed a complete physical examination, and upon examination of Mr. Dick’s left leg, he discovered no swelling, redness, or heat. He located no masses deep in the calf muscles, although he determined the calf was tender to deep palpation. Mr. Dick denied chest pain and shortness of breath.

Dr. Ennis testified that he told Mr. Dick that although there were no definite physical symptoms, Mr. Dick might be suffering from phlebitis. Dr. Ennis further testified that he explained to Mr. Dick what phlebitis is, and informed him that he believed Mr. Dick was at risk for the disease because he had recently injured his left heel and had been confined to a bed for a prolonged period. He further explained to Mr. Dick that a blood clot could form and migrate to his heart or lungs, and that the condition could be fatal. Dr. Ennis recommended hospitalization to Mr. Dick after he completed the examination and before Mrs. Dick entered the examining area. According to Dr. Ennis, Mr. Dick appeared to understand this information, but indicated he did not want to be admitted to the hospital.

Dr. Ennis further testified by deposition to the following: After detailing his concerns and his reasons for recommending hospitalization to Mr. Dick while they were alone in the examining area, Dr. Ennis then spoke with Mrs. Dick. He briefly explained to Mrs. Dick that although Mr. Dick believed he had sore muscles from physical therapy, Dr. Ennis was concerned that he had phlebitis and could develop a blood clot, which could dislodge and travel to his heart or lungs. He also indicated that Mr. Dick should be in the hospital if he had phlebitis. Mrs. Dick then expressed her concerns to Mr. Dick, who remained adamant in his refusal to be admitted to the hospital. Dr. Ennis telephoned Dr. Hall, Mr. Dick’s physician, who agreed that Mr. Dick should be hospitalized, but made the alternative treatment recommendations set out earlier in this opinion, in view of Mr. Dick’s refusal to be hospitalized. Dr. Ennis testified that he also told Mr. Dick that if he experienced chest pains or shortness of breath, he should return to the hospital or call his physician immediately. Dr. Ennis did not note on Mr. Dick’s record that he recommended hospitalization, nor did he request that Mr. Dick sign the AMA form stating that he was leaving the hospital against Dr. Ennis’s advice. Dr. Ennis explained that he asks patients to sign the AMA form only in obvious cases, and that, because Mr. Dick exhibited no clinical symptoms of a blood clot, this was not an obvious case.

In her deposition, Mrs. Dick testified that on the evening of March 10, Mr. Dick was reluctant to go to the emergency room, but she talked him into it. Mrs. Dick stated she left her husband alone with Dr. Ennis during the examination, and she admitted she does not know what conversations Dr. Ennis had with her husband outside her presence. She testified that, after examining her husband, Dr. Ennis told them that Mr. Dick had a problem, perhaps phlebitis, but they were lucky because it was below the calf. Mrs. Dick stated that she asked Dr. Ennis to keep her husband at the hospital, and Dr. Ennis responded that Mr. Dick did not want to stay at the hospital. Mrs. Dick once testified that Dr. Ennis informed her that he had urged her husband to stay at the hospital, but that he refused to stay; later in the deposition, however, Mrs. Dick stated that on March 10 she was unaware that Dr. Ennis wanted her husband to be admitted to the hospital. She testified that she heard the terms “blood clot” and “traveling” from Dr. En-nis, but that she was not informed that her husband’s condition was serious or life threatening; otherwise, she said she would not have taken her husband from the hospital. She testified that Dr. Ennis did not warn them to watch for symptoms such as shortness of breath and chest pains. Mrs. [1037]*1037Dick also stated that her husband would not have left the hospital on March 10 if he had been told that phlebitis was serious.

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Bluebook (online)
551 So. 2d 1034, 1989 Ala. LEXIS 699, 1989 WL 138359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dick-v-springhill-hospitals-inc-ala-1989.