Fluck v. Coffman

862 So. 2d 1105, 2003 WL 22927487
CourtLouisiana Court of Appeal
DecidedDecember 12, 2003
Docket37,739-CA
StatusPublished
Cited by2 cases

This text of 862 So. 2d 1105 (Fluck v. Coffman) 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
Fluck v. Coffman, 862 So. 2d 1105, 2003 WL 22927487 (La. Ct. App. 2003).

Opinion

862 So.2d 1105 (2003)

Margaret FLUCK, et vir., Plaintiff-Appellant,
v.
Leslie R. COFFMAN, M.D., Defendant-Appellee.

No. 37,739-CA.

Court of Appeal of Louisiana, Second Circuit.

December 12, 2003.

*1106 John L. Hammons, Shreveport, Annis C. Flournoy, for Appellant.

David H. Nelson, Monroe, for Appellee.

Before WILLIAMS, CARAWAY and PEATROSS, JJ.

*1107 WILLIAMS, Judge.

The plaintiffs, Margaret Fluck and Jack Fluck, appeal a judgment in favor of the defendant, Leslie Coffman, M.D., dismissing their medical malpractice claim. The trial court found that the plaintiffs failed to prove that defendant breached the standard of care. For the following reasons, we affirm.

FACTS

On November 8, 1994, Margaret Fluck underwent bladder suspension surgery by Dr. Leslie Coffman, an obstetrician/gynecologist. During the surgical procedure, Dr. Coffman inadvertently passed a suture through the patient's catheter. Two days later, Bessie Herring, a registered nurse at Glenwood Regional Medical Center, was unable to remove the catheter and contacted Dr. Coffman, who went to see Fluck in the hospital.

At trial, the parties gave contrasting versions of the incident which had transpired. Dr. Coffman and Nurse Herring testified that he grasped the end of the catheter between his thumb and index finger and gently pulled once to try to remove the catheter. They both stated that the effort did not cause Fluck any pain and that they did not recall hearing the patient scream out in distress.

In contrast, Fluck testified that Dr. Coffman made multiple aggressive attempts to remove the sutured catheter and that his efforts caused her excruciating pain. Fluck testified that she screamed out in pain a number of times and that Coffman refused to discontinue his efforts even after she begged him to stop. Fluck's two sisters and her husband, Jack, each testified that they were standing in the hall outside the door of the examining room and heard Fluck scream in pain a number of times.

When Dr. Coffman concluded that the catheter must have been sutured into place, he consulted with Dr. Edwin Edgerton, a urologist, who removed the catheter the next day by performing a cystoscopy procedure. The nursing notes described bruises on Fluck's lower abdomen on the day following Dr. Coffman's attempts to remove the catheter.

Subsequently, the plaintiffs, Margaret and Jack Fluck, filed a complaint against Dr. Coffman with the Patient's Compensation Fund. A medical review panel issued a unanimous opinion finding that Dr. Coffman had not breached the applicable standard of care in his treatment of Fluck. The plaintiffs then filed a petition for damages against the defendant, Dr. Coffman, alleging that his negligence caused Fluck pain and suffering, mental anguish, sexual dysfunction and required further surgical intervention.

Initially, the district court granted defendant's motion for summary judgment, which was affirmed by this court. Fluck v. Coffman, 32,100 (La.App.2d Cir.9/22/99), 742 So.2d 79. The supreme court reversed and remanded after finding that a genuine issue of material fact existed. Fluck v. Coffman, 99-3054 (La.1/7/00), 752 So.2d 171. The parties entered a consent judgment limiting plaintiffs' claim to damages for the mistaken suturing of the catheter. After a bench trial, the court issued written reasons finding that the plaintiffs failed to establish that Dr. Coffman had breached the standard of care. The trial court rendered judgment dismissing the plaintiffs' claims. Plaintiffs appeal the judgment.

DISCUSSION

In two assignments of error, the plaintiffs contend the trial court erred in finding that they did not meet their burden of proving that the defendant was *1108 negligent. Plaintiffs argue that the testimony supported a finding that defendant used excessive force in attempting to remove the catheter, thereby causing unnecessary pain to Margaret Fluck.

In a malpractice action based on the negligence of a physician licensed in Louisiana, where the defendant practices in a specialty and the alleged acts of medical negligence raise issues peculiar to that specialty, the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians within the same medical specialty. The plaintiff must also prove that the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence in applying that skill, and that defendant's failure to exercise this degree of care caused plaintiff to suffer injuries that would not otherwise have occurred. LSA-R.S. 9:2794(A); Smith v. Lincoln General Hospital, 27,133 (La.App.2d Cir.6/21/95), 658 So.2d 256. The mere fact that an injury occurred does not raise a presumption that the physician was negligent. LSA-R.S. 9:2794(C).

A court of appeal should not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. State Dept. of Transp. & Development, 617 So.2d 880 (La.1993). The task of a reviewing court is to assess whether the fact finder's resolution of conflicting evidence was reasonable in light of the record as a whole. Fowler v. Wal-Mart Stores, Inc., 30,843 (La.App.2d Cir.8/19/98), 716 So.2d 511.

In the present case, Dr. Debora Murphy, a psychiatrist, testified that she first saw plaintiff in July 1995. After an initial evaluation, Dr. Murphy diagnosed plaintiff with a mood disorder due to surgical complications following bladder suspension surgery and ongoing medical problems. Dr. Murphy testified that plaintiff reported that the defendant had stitched in the catheter during bladder surgery, requiring a cystoscopy procedure to remove the suture. Dr. Murphy stated that regarding the catheter incident, plaintiff "felt she was being hurt" by defendant and she shouted because his act of pulling the catheter was so painful, but she said that defendant did not acknowledge he had caused her pain.

Nurse Herring testified that she attempted to remove the catheter by cutting the tube and draining the fluid from the catheter bulb, but it would not come out. Herring stated that she called the defendant and he instructed her to move the plaintiff to a treatment room and give her Valium. Herring testified that defendant first tried to push in the catheter to see if the bulb was stuck and then he "gently pulled" on the catheter, but he was unable to remove it and said that it must have been stitched in place. Herring did not recall hearing the plaintiff say anything, scream in pain or ask the defendant to stop in reaction to his efforts. According to Herring, the defendant could not have placed his hand on plaintiff's abdomen while pulling the catheter because he was sitting on a stool and plaintiff was in a raised examination chair with her body at his eye level. Herring testified that she did not notice any bruising on plaintiff's lower abdomen and did not see defendant do anything overly aggressive to plaintiff while trying to remove the catheter.

Two of plaintiff's sisters, Jane Smith and Diane Rizzo, testified that they were standing outside the treatment room door when defendant attempted to remove the catheter. Smith stated that after defendant entered the room, she heard plaintiff scream like a person in severe pain approximately three to five times and that plaintiff may have said "stop" or "don't." Rizzo testified that she had been in plaintiff's hospital room earlier when the nurse *1109 attempted to remove the catheter by gently pulling it and that plaintiff had winced in pain.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Little v. Pou
975 So. 2d 666 (Louisiana Court of Appeal, 2008)
Ball v. CHARTER FOREST BEHAV. HEALTH SYSTEM
938 So. 2d 1092 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
862 So. 2d 1105, 2003 WL 22927487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fluck-v-coffman-lactapp-2003.