Drummond v. Hodges

417 S.W.2d 740, 1967 Tex. App. LEXIS 2202
CourtCourt of Appeals of Texas
DecidedMay 26, 1967
Docket16905
StatusPublished
Cited by7 cases

This text of 417 S.W.2d 740 (Drummond v. Hodges) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drummond v. Hodges, 417 S.W.2d 740, 1967 Tex. App. LEXIS 2202 (Tex. Ct. App. 1967).

Opinions

DIXON, Chief Justice.

This suit was filed by appellee Hodges against Doctors Drummond and Gillum, appellants, of Mesquite, Texas, for medical malpractice. Judgment for $100,000 was rendered in favor of appellee based on a jury verdict.

Appellants are osteopathic physicians who with two other doctors were partners practicing as The Doctors’ Clinic of Mesquite. The surgery which is the subject of this controversy took place in Mesquite General Hospital, a private institution where both appellants practice. Dr. Drum-mond is a general practitioner, not a surgeon. Dr. Gillum is a physician and surgeon and also was administrator of the hospital.

As to both Dr. Drummond and Dr. Gil-lum, the jury made material findings which in substance were as follows: (1) at the time Hodges consulted Dr. Drummond and at the time he later consulted Dr. Gillum there existed an . infected périrectal abscess adjacent to the anal opening of Hodges’ body; (2) each of the doctors failed to obtain an adequate history of Hodges’ physical condition and past medical treatment; (3) each of the doctors failed to make post-surgical inspections of the surgical site to determine the condition thereof; and each of the above failures was negligence and a proximate cause of Hodges’ injuries.

As to Dr. Gillum the jury made additional findings as follows: (1) the doctor was negligent in failing to limit his surgery to the excising and draining of the external thrombotic hemorrhoid and the pimples or abscess, which was a proximate cause; (2) the hemorrhoid operation as performed by the doctor was a proximate cause of appellee’s injuries; (3) the doctor undertook to perform a hemorrhoid operation without Hodges’ authorization.

As to Hodges the jury found that his action in leaving Mesquite General Hospital in the manner he did on December 17, 1964 did not constitute negligence.

EVIDENCE

Appellants base their appeal on thirty-four points of alleged error. The record evidence is voluminous, but appellants’ points require a careful and detailed study of the evidence.

1. Hodges’ Testimony.

(a) Prior to the present operation Hodges had undergone a great deal of medical treatment and surgery — nearly all of it in connection with his intestinal tract and rectal and anal areas.

[742]*742In 1954 he was operated on in Arkansas for appendicitis. At that time he also had a peptic ulcer and hemorrhaging from his rectum. He was in the hospital about fifteen days during which time he was given medication and blood transfusions.

Hodges then went to California where he stayed and worked about ten months. While in California he had a perirectal abscess lanced. He was hospitalized for two or three days.

In 1955 he had an attack of colitis. Again he had rectal hemorrhaging and was in the hospital and had medication and blood transfusions.

In 1956 he came to Dallas and obtained employment at Chance Vought as an electrician after passing a physical examination. While in Dallas he was injured in an automobile accident in which the cartilage in his left knee was torn and his left wrist broken. Also he had another attack of colitis for which he was again admitted to the hospital for about fifteen days.

In 1958 he went to San Angelo, Texas, where he held several jobs. He testified that he had no physical problems there.

During a period beginning in 1959 he suffered attacks of colitis which came on once a year, usually in the spring of the year.

In 1960 he went to Louisiana where he had a recurrence of perirectal abscess. He again went to the hospital where the abscess was lanced. At that time he had another attack of colitis. He was in the hospital ten days and was again given blood transfusions.

In 1963 he had an attack of colitis and was in the hospital for thirty-one days after a serious operation.

Hodges testified that except for a short recovery period after each operation he was healthy and strong between operations. He held several jobs which required heavy manual labor. He was active in outdoor sports. He participated in motorcycle races in which he often rode up hills over rough ground. Frequently he went fishing with a number of friends and engaged in other outdoor activities. He had spells of frequent bowel movements but was able to control them. This testimony wás corroborated by several witnesses who had worked with and been with Hodges on several jobs and on social occasions.

(b) In 1964 there occurred the operation which is the subject of this suit. In December 1964 he suffered pain which he says he recognized as coming from a peri-rectal abscess — this was the third time he had suffered from a perirectal abscess. At the time he was employed at the Ford Motor Company, where his work had been satisfactory. After ten days of pain he went to Mesquite General Hospital. The receptionist told him he could see Dr. Drummond. He filled out and signed some forms.

He told Dr. Drummond he had an abscess and wanted it lanced. Dr. Drummond examined him by observation only and said, “Looks like you have hemorrhoid trouble too.” He told Dr. Drummond he didn’t know anything about hemorrhoids and didn’t want to do anything about it. Dr. Drummond said they would lance the abscess next day.

Next day Hodges entered the hospital. He signed some more forms. He was given medicine to alleviate pain.

Dr. Gillum performed the operation. Hodges testified that he had not been examined by any doctor since Dr. Drummond examined him the day before. Nothing was said about a hemorrhoid operation. For three days following the operation he repeatedly asked for a doctor to come see him but none came.

He phoned to Mrs. Durgin, a trained nurse whose home was in Mesquite. She and her husband were personal friends of Hodges. Mrs. Durgin came to see him. They decided not to wait any longer for a [743]*743doctor to examine him. They left Mesquite General Hospital without saying anything to the doctors or hospital attendants and went to Mesquite Memorial Hospital emergency ward. Dr. Pirrung, a medical doctor, saw him there, but would not admit him to the hospital. Hodges says that Dr. Pir-rung told him what had been done to him in the operation by Dr. Gillum. (This is not consistent with the testimony of Dr. Pir-rung who said that Hodges gave him a history of hemorrhoidectomy by Dr. Gil-lum.) He then went to 'the Durgin home.

The Durgins phoned Dr. L. K. Raynor, a personal friend, a medical doctor who practiced in Graham, Texas, but at the time was visiting in Mesquite. Dr. Raynor examined Hodges and recommended hospitalization. They drove to Graham and Hodges entered, the hospital at Graham, five days after the operation at Mesquite. Hodges remained at the Graham hospital from December 18 or 19,1964 until January 10,1965.

In describing the effects of the operation by Dr. Gillum, Hodges testified that he couldn’t control bowel movements which occurred about every fifteen minutes. They had finally slowed down to one every hour and a half. He has not been able to obtain steady employment.

2. Dr. Raynor’s Testimony.

Dr. Raynor, a medical doctor and surgeon practicing in Graham, Texas, was the only medical witness offered by Hodges. He corroborated Hodges’ and Mrs.

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417 S.W.2d 740, 1967 Tex. App. LEXIS 2202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drummond-v-hodges-texapp-1967.