Ervin Ex Rel. Wrongful Death Beneficiaries v. Delta Regional Medical Center

55 So. 3d 190, 2010 Miss. App. LEXIS 278, 2010 WL 2280601
CourtCourt of Appeals of Mississippi
DecidedJune 8, 2010
Docket2008-CA-01816-COA
StatusPublished
Cited by1 cases

This text of 55 So. 3d 190 (Ervin Ex Rel. Wrongful Death Beneficiaries v. Delta Regional Medical Center) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ervin Ex Rel. Wrongful Death Beneficiaries v. Delta Regional Medical Center, 55 So. 3d 190, 2010 Miss. App. LEXIS 278, 2010 WL 2280601 (Mich. Ct. App. 2010).

Opinion

ISHEE, J.,

for the Court:

¶ 1. Janice Ervin (Janice) died of a pulmonary embolism shortly after a hysterectomy was performed on her in October 2004 at Delta Regional Medical Center (DRMC). Her husband, Curtis Ervin (Curtis), filed a wrongful-death action on behalf of himself, his three children, and Janice’s estate against Dr. James Beck-ham. 1 Once suit was filed, it was discovered that Dr. Beckham worked for DRMC, the party who is ultimately responsible for his actions. After a bench trial, the Circuit Court of Washington County entered a judgment against Curtis and in favor of DRMC. Finding no error, we affirm.

FACTS

¶ 2. Early in 2004, Janice began to experience pelvic pain and heavy bleeding from irregular periods, which in turn made her anemic. The test results following a CT scan suggested uterine fibroid tumors. After hormone-therapy treatment failed to resolve her health issues, her gynecologist, Dr. Beckham, recommended surgery to remove both her uterus and the fibroids. After discussing the procedure, the risks involved, and the benefits of the surgery with Dr. Beckham, the Ervins agreed the procedure was reasonable and necessary, and they gave their informed consent to Dr. Beckham.

¶ 3. On October 15, 2004, Dr. Beckham prepared Janice for a vaginal hysterectomy. However, upon examination of Janice in the operating room, and while Janice was under anaesthesia, it was determined by Dr. Beckham that due to adhesions from prior surgeries, an open abdominal hysterectomy would be necessary. Janice’s surgery lasted one hour and twenty-five minutes, but she was under anaesthe-sia for one hour and fifty-five minutes. After a successful surgery, Janice was returned to her hospital room. Dr. Beck-ham’s post-surgery orders included having Janice turn, cough, and take deep breaths every two hours. He further ordered bed-rest for Janice until the following morning. Dr. Beckham never ordered the use of any prophylactic measures, which, presumably, would have reduced the risk of deep vein thrombosis (DVT) or pulmonary embolism *192 (PE), both of which are known complications of hysterectomy surgery.

¶ 4. The following morning, October 16, 2004, Dr. Beckham ordered Janice’s catheter be discontinued and ordered her to ambulate to the extent it could be tolerated. The catheter was immediately removed. Janice was then helped by a nurse’s aid to the bathroom. While in the bathroom, Janice called out to her husband, who was with her in the hospital room. He opened the door, and she collapsed in his arms. The nurse’s aid pulled the call light, and the nursing staff responded immediately. Janice, who was noted as being cold, clammy, and short of breath, was placed back in her bed. The nursing staff notified Dr. Beckham who promptly returned to Janice’s room. The staff additionally notified Josh Edwards, the nursing supervisor, who also reported to the room.

¶ 5. After Dr. Beckham evaluated Janice’s condition, he ordered that she be transferred to the intensive care unit (ICU). The nursing staff secured her and, with supplemental oxygen via a mobile oxygen bottle, transferred Janice to the ICU. Once the staff and Janice reached the ICU floor, Janice’s breathing had deteriorated even more, prompting the nursing staff to obtain a bag valve mask from the wall of the ICU. The staff then began to implement assisted respirations via a bag valve mask as Janice was being rolled into the ICU. Upon arrival in the doors of the ICU, a Code Blue was initiated. It was at this point that Dr. Beckham gave control to Dr. Parvez Karim. In an attempt to restore her breathing, Janice was given lOOmg of Activase, which is known to dissolve pulmonary emboli.

¶ 6. After an extended period, Janice’s heartbeat returned, but she remained unconscious and unable to react to painful stimuli. She was able to breathe only because she was placed on a ventilator. While there is some disagreement as to the origin and form of the clot and embolism which she had, it is undisputed that Janice died as a result of some form of clot or embolism which traveled to her lung, caused her to stop breathing, and eventually caused her heart to stop.

¶ 7. Despite the best efforts of her doctors, Janice’s condition continued to worsen as she suffered multiple organ failures and eventually brain death. On the morning of October 18, three days after her hysterectomy, and after a discussion between her family and her doctor, Janice was pulled from life support and was pronounced dead. She was forty years old.

PROCEDURAL HISTORY

¶ 8. On September 6, 2005, Curtis, on behalf of himself, his family, and Janice’s estate, filed suit against DRMC, Dr. Beck-ham, and other DRMC employees alleging negligence. On April 21-23, 2008, the case was tried in the Circuit Court of Washington County, Mississippi. As DRMC is a community hospital entitled to the limitations, protections, and immunities of the Mississippi Tort Claims Act, the trial was conducted as a bench trial, heard before the Honorable Richard A. Smith. On October 14, 2008, the circuit court entered findings of fact and conclusions of law in favor of DRMC. Aggrieved, Curtis, on behalf of his family and Janice’s estate, timely filed this appeal.

STANDARD OF REVIEW

¶ 9. Because Curtis’s appeal speaks to the weight of the evidence and the factual determinations made by the trial judge as the sole trier of fact in a bench trial, the standard of review for such factual determinations is “the substantial[-]evidence standard.” Covington County v. G.W., 767 So.2d 187, 189 (¶ 4) (Miss.2000). The find *193 ings of the trial judge will not be disturbed unless the judge “abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied.” Id. “A circuit court judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor,” and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence. Puckett v. Stuckey, 633 So.2d 978, 982 (Miss.1993); Sweet Home Water & Sewer Ass’n v. Lexington Estates, Ltd., 613 So.2d 864, 872 (Miss.1993); Allied Steel Corp. v. Cooper, 607 So.2d 113, 119 (Miss.1992).

ANALYSIS

I. Nationally-Recognized Standard of Care

¶ 10. The circuit court found that Curtis failed to establish a nationally-recognized standard of care as to the use of sequential compression devices. In medical-malpractice cases, the Mississippi Supreme Court has stated that:

As a result of its resources-based component, the physician’s non-delegable duty of care is this: given the circumstances of each patient, each physician has a duty to use his or her knowledge and therewith treat through maximum reasonable medical recovery, each patient, with such reasonable diligence, skill, competence, and prudence as are practiced by minimally competent physicians in the same specialty or general field of practice throughout the United States, who have available to them the same general facilities, services, equipment and options.

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Bluebook (online)
55 So. 3d 190, 2010 Miss. App. LEXIS 278, 2010 WL 2280601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ervin-ex-rel-wrongful-death-beneficiaries-v-delta-regional-medical-center-missctapp-2010.