Engolia v. Allain

625 So. 2d 723, 1993 WL 429039
CourtLouisiana Court of Appeal
DecidedOctober 15, 1993
Docket92 CA 1785
StatusPublished
Cited by26 cases

This text of 625 So. 2d 723 (Engolia v. Allain) 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
Engolia v. Allain, 625 So. 2d 723, 1993 WL 429039 (La. Ct. App. 1993).

Opinion

625 So.2d 723 (1993)

Frank ENGOLIA and Priscilla Engolia
v.
Dr. Joseph ALLAIN, et al.

No. 92 CA 1785.

Court of Appeal of Louisiana, First Circuit.

October 15, 1993.

*725 Lawrence J. Smith, and Glen Patrick McGrath, New Orleans, for plaintiff-appellant Frank and Priscilla Engolia.

Donald T.W. Phelps, Baton Rouge, for defendant-appellee Dr. Joseph Allain, et al.

Before WATKINS, SHORTESS and FOGG, JJ.

SHORTESS, Judge.

Frank and Priscilla Engolia (plaintiffs) filed this medical malpractice suit against Dr. Joseph Allain[1] (defendant) seeking damages for the wrongful death of their daughter. From a jury verdict in defendant's favor, plaintiffs appeal.

FACTS

On Saturday, December 10, 1988, 20-year-old Carmella Engolia (Engolia) developed a sudden onset of severe neck pain while exercising at her home. She was taken to the emergency room at Our Lady of the Lake Regional Medical Center by her mother and boyfriend, and was seen by defendant, an emergency room physician on duty that night.

Defendant examined Engolia's head and neck and observed she was "exquisitely tender" in the region of the top of the left shoulder extending to the left side of the neck and into the region of the upper back. This exquisite tenderness indicated to defendant that Engolia had suffered a muscular/skeletal injury, and accordingly, defendant ordered x-rays of her neck and upper back. Based upon his examination, the patient's history, and his review of the x-rays, defendant concluded Engolia suffered a cervical strain while exercising. He treated her with injections of Stadol, a pain killer, and Phenergan, an anti-nausea medication, as well as a muscle relaxer and a cortisone preparation. He sent her home for bed rest and gave her prescriptions for Demerol, Phenergan, and Mepergan Fortis. Thereafter, defendant discharged her from the emergency room with instructions to follow up with her family physician.

Over the next few days, Engolia improved to the point that she was able to begin working at a new job. However, after she complained she was not feeling well on Thursday, December 15, her mother scheduled an appointment with their family physician, Dr. Susan Richarme (Richarme).

On Friday, December 16, 1988, Engolia, who was accompanied by her father, was seen by Richarme at the Hill Medical Clinic. Engolia explained to Richarme the history of her previous trip to the emergency room, and further explained that the night before coming to see her, she had started having problems again and had vomited. Upon examination, Richarme noted that Engolia experienced neck pain and a pounding head when *726 turning to the right. It was Richarme's impression that Engolia was suffering from a muscle spasm. However, to rule out an aneurysm as a cause of her problems, Richarme recommended a CAT scan be performed of her head and scheduled it for 1:00 p.m. that afternoon.

Engolia did not have the CAT scan performed as scheduled. However, because she was not improving, her mother telephoned Richarme on December 21, 1988, to inquire whether the CAT scan could then be ordered. Richarme did not feel comfortable ordering the CAT scan over the phone and suggested Engolia be brought back to her office the next morning for re-examination. Unfortunately, the next morning, December 22, 1988, Engolia was found dead in her bedroom. An autopsy revealed she died from the rupturing of an aneurysm in her brain.

Plaintiffs filed a medical malpractice claim against defendant alleging he failed to comply with the appropriate standards of care in his treatment of Engolia, and that such substandard care constituted a factor in her death. A medical review panel reviewed the evidence presented and rendered a unanimous decision in favor of plaintiffs. Plaintiffs then proceeded to trial against defendant. After a three-day jury trial, the jury rendered a unanimous decision in defendant's favor, specifically finding his treatment of Engolia did not fall below the applicable standard of care. The trial court subsequently rendered a judgment in favor of defendant and dismissed plaintiffs' claims. Thereafter, plaintiffs filed a motion for judgment notwithstanding the verdict, and alternatively, a new trial, both of which were denied by the trial court.

On appeal, plaintiffs contend (1) the trial court erred in its charge to the jury; (2) the jury was not entitled to hold defendant to a lesser standard of care than that established by the uncontroverted expert testimony at trial, or alternatively, to a minimum standard of medical care if that standard itself was negligent; and (3) the trial court erred in failing to grant plaintiffs' motion for new trial and/or motion for judgment notwithstanding the verdict.

JURY INSTRUCTIONS

Plaintiffs contend the trial court erred in giving the following jury charge: "It is not malpractice to make a mistake in diagnosis." Plaintiffs argue that if the jury followed this charge as given by the trial judge, then under no circumstances could it have found defendant guilty of malpractice as a result of the mistaken diagnosis, no matter what steps he did or did not take in arriving at his diagnosis.

It is well settled that adequate jury instructions are those which fairly and reasonably point up the issues and which provide correct principles of law for the jury to apply to those issues. Dupuy v. Rodriguez, 620 So.2d 397 (La.App. 1st Cir.1993); Sparacello v. Andrews, 501 So.2d 269 (La.App. 1st Cir.1986), writ denied, 502 So.2d 103 (La. 1987). The adequacy of jury instructions must be determined in light of the jury instructions as a whole. Mitchell v. Fire & Cas. Ins. Co., 540 So.2d 352 (La.App. 1st Cir.), writ denied, 541 So.2d 1390 (La.1989). If the instructions are found to be proper, then the judgment appealed from should not be disturbed unless manifestly erroneous. Mitchell, 540 So.2d at 356; see also Wisner v. Illinois Cen. Gulf R.R., 537 So.2d 740, 745 (La.App. 1st Cir.1988), writ denied, 540 So.2d 342 (La.1989).

The trial court gave the following jury charge:

The law further provides that one of the duties of the physician is to make a diagnosis of the ailment of his patient, and if the physician fails to use the degree of skill ordinarily employed under similar circumstances by the members of his profession in the same medical specialty in making that diagnosis, then you may conclude he was negligent in his conduct. But a physician is not obligated in making a diagnosis to be correct all the time.
It is not malpractice to make a mistake in diagnosis. Making a diagnosis is an act of professional judgment and an incorrect diagnosis is not necessarily an act of negligence.
*727 Whether or not Dr. Allain failed to exercise the required degree of skill must be determined in light of conditions existing or facts known or [which] should have been known at the time he made his diagnosis and not through the light of knowledge gained through subsequent development.

Taking the jury instructions as a whole, we find they were a correct statement of the law and adequately informed the jury with regard to making a diagnosis. Accordingly, plaintiffs' first assignment of error is without merit as the trial court did not err in giving the questioned instruction.[2]

STANDARD OF CARE

Plaintiffs argue the jury was not entitled to hold defendant to a lesser standard of care than that established by the expert testimony at trial.

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Bluebook (online)
625 So. 2d 723, 1993 WL 429039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engolia-v-allain-lactapp-1993.