Fox v. OUR LADY OF LOURDES REGIONAL MED. CTR.

550 So. 2d 379
CourtLouisiana Court of Appeal
DecidedOctober 4, 1989
Docket88-609
StatusPublished

This text of 550 So. 2d 379 (Fox v. OUR LADY OF LOURDES REGIONAL MED. CTR.) 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
Fox v. OUR LADY OF LOURDES REGIONAL MED. CTR., 550 So. 2d 379 (La. Ct. App. 1989).

Opinion

550 So.2d 379 (1989)

Wesley A. FOX, Plaintiff-Appellant,
v.
OUR LADY OF LOURDES REGIONAL MEDICAL CENTER; Optical Radiation Corporation; Barry A. Bohn; Barry A. Bohn, M.D.; Louisiana Medical Mutual Insurance Company; and the State of Louisiana Patient's Compensation Fund, Defendants-Appellees.

No. 88-609.

Court of Appeal of Louisiana, Third Circuit.

October 4, 1989.
Rehearing Denied November 7, 1989.
Writs Denied January 19, 1990.

*381 S. Gerald Simon, Mestayer & Simon, New Iberia, for plaintiff-appellant.

Donald C. Brown, Carmouche & Grey, Lake Charles, Tama Blanchard, Durio, McGoffin, & Stagg, Lafayette, for defendants-appellees.

Before DOMENGEAUX, FORET and KING, JJ.

DOMENGEAUX, Judge.

After undergoing cataract surgery in 1984, plaintiff, Wesley Fox, filed this medical malpractice suit against several defendants: Dr. Barry A. Bohn; Dr. Bohn's medical corporation; Dr. Bohn's malpractice insurer, LAMMICO; Our Lady of Lourdes Regional Medical Center; Optical Radiation Corporation; and the Patient's Compensation Fund for the State of Louisiana. Plaintiff alleged that an improper intraocular lens was implanted in his eye during cataract surgery. As a result, Mr. Fox claims to suffer from impaired vision in his left eye.

Prior to trial, Our Lady of Lourdes, the Patient's Compensation Fund, and Optical Radiation Corporation were dismissed from the suit without opposition from plaintiff. Those parties are not involved in this appeal.

After a bench trial in December 1987, judgment was rendered in favor of the defendants and the plaintiff's suit was dismissed. Plaintiff appeals the trial court's ruling, alleging the following errors:

1. The trial judge erred in finding that Dr. Bohn complied with the accepted standard of care in his treatment of Mr. Fox.

2. The trial court erred in failing to apply the doctrine of res ipsa loquitur.

3. The trial court erred in failing to award damages to Mr. Fox.

We find merit to these assignments of error, and accordingly, we now reverse the trial court's judgment.

FACTS

In August of 1984, plaintiff was examined by Dr. Bohn in preparation for cataract surgery. The upcoming surgery would entail the removal of plaintiff's cataractous lens in his left eye and the implantation of an artificial intraocular lens (IOL). Of particular importance to the success of the procedure are certain measurements of the patient's eye which are taken prior to surgery and upon which a correctly fitting lens is chosen. Dr. Bohn's medical technician took the essential measurements of Fox's left eye during his one office visit before surgery.

Dr. Bohn performed the cataract surgery in September 1984. It was without complication and the left eye healed as expected. Mr. Fox experienced problems with the vision in his left eye, however, and as a result of this Dr. Bohn referred him to Dr. Robert Stewart at the Houston Eye Center.

Dr. Stewart discovered that the IOL implanted by Dr. Bohn was the wrong power and caused poor vision in the left eye. Mr. Fox's left eye would require an IOL power of 33 for adequate vision, not the 25 powered IOL that Dr. Bohn implanted.

The power of an IOL is determined prior to surgery by measuring the curvature and the axial length of a patient's eyes. These measurements are then entered into a computer which calculates the appropriate lens strength. Of course, if incorrect measurements are entered, an inappropriate lens strength will be calculated.

Mr. Fox contends that Dr. Bohn's medical technician did not obtain the correct curvature and axial length measurements of his left eye which resulted in the calculation of the wrong IOL strength. Mr. Fox's eyesight is impaired and he must wear corrective contact lenses. His left eye requires correction of 8.75 diopters while his right eye requires correction of only 1.75 *382 diopters.[1] His prescription for reading glasses, however, has remained unchanged before and after surgery.

Because of the condition of plaintiff's eyes, he contends that he has suffered greatly. He attributes his early retirement to his poor vision. His lost eyesight has caused physical problems as well as mental anguish. As a result, plaintiff has asked for both general damages and lost wages.

LAW

As a plaintiff in a medical malpractice action, Mr. Fox must prove three factors which together characterize a physician's negligence. The plaintiff has the burden of proving the degree of care ordinarily practiced by physicians within the defendant's medical specialty. The plaintiff must also prove that the defendant failed to use reasonable care and diligence along with his best judgment in the application of the skills of his specialty, and that as a proximate result of this lack of skill or care the plaintiff suffered injuries that would not otherwise have been incurred. La.R.S. 9:2794.

Dr. Bohn is a medical doctor whose specialty is ophthalmology. Specialists are required to exercise the degree of care and to possess the degree of knowledge or skill ordinarily exercised and possessed by physicians within their medical specialty. In order to prove the negligence of a specialist, only those qualified in that specialty may offer evidence of the applicable standards. Felice v. Valleylab, Inc., 520 So.2d 920, 928 (La.App. 3rd Cir.1987). After a careful review of the conduct of the defendant physician, a determination must be made as to whether the standards of the specialty were breached.

The doctrine of res ipsa loquitur comes into play in a medical malpractice action when direct evidence is insufficient to explain the plaintiff's injury. The Louisiana Supreme Court recently explained the operation of this principle in Montgomery v. Opelousas General Hospital, 540 So.2d 312 (La.1989), a medical malpractice case:

The principle of res ipsa loquitur is a rule of circumstantial evidence that infers negligence on the part of defendants because the facts of the case indicate that the negligence of the defendant is the probable cause of the accident, in the absence of other equally probable explanations offered by credible witnesses. Boudreaux v. American Insurance Co., 262 La. 721, 763-64, 264 So.2d 621, 636 (1972). The doctrine allows an inference of negligence to arise from the common experience of the factfinder that such accidents normally do not occur in the absence of negligence.
Additionally, the doctrine does not dispense with the rule that negligence must be proved. It simply gives the plaintiff the right to place on the scales, "along with proof of the accident and enough of the attending circumstances to invoke the rule, an inference of negligence" sufficient to shift the burden of proof. Id.; Larkin v. State Farm Mutual Automobile Insurance Co., 233 La. 544, 551, 97 So.2d 389, 391 (1957).
The doctrine applies only when the facts of the controversy "suggest negligence of the defendant, rather than some other factor, as the most plausible explanation of the accident. Application of the principle is defeated if an inference that the accident was due to a cause other than the defendant's negligence could be drawn as reasonably as one that it was due to his negligence." Walker v. Union Oil Mill, Inc., 369 So.2d 1043, 1048 (La.1979); Boudreaux, [supra]. The doctrine does not apply if direct evidence sufficiently explains the injury. Walker, [supra]; King v. King, 253 La. 270, 278, 217 So.2d 395, 397 (1968).

540 So.2d 312, 319.

EVIDENCE

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Related

Larkin v. State Farm Mutual Automobile Insurance
97 So. 2d 389 (Supreme Court of Louisiana, 1957)
Walker v. Union Oil Mill, Inc.
369 So. 2d 1043 (Supreme Court of Louisiana, 1979)
Wall v. AMERICAN EMPLOYERS. INS. CO.
386 So. 2d 79 (Supreme Court of Louisiana, 1980)
Wall v. American Employers Ins. Co.
377 So. 2d 369 (Louisiana Court of Appeal, 1980)
King v. King
217 So. 2d 395 (Supreme Court of Louisiana, 1968)
Lee v. Great Southwest Fire Ins. Co.
493 So. 2d 789 (Louisiana Court of Appeal, 1986)
Montgomery v. Opelousas General Hosp.
540 So. 2d 312 (Supreme Court of Louisiana, 1989)
Boudreaux v. American Insurance Company
264 So. 2d 621 (Supreme Court of Louisiana, 1972)
Felice v. Valleylab, Inc.
520 So. 2d 920 (Louisiana Court of Appeal, 1987)
Coco v. Winston Industries, Inc.
341 So. 2d 332 (Supreme Court of Louisiana, 1977)
Fox v. Our Lady of Lourdes Regional Medical Center
550 So. 2d 379 (Louisiana Court of Appeal, 1989)

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Bluebook (online)
550 So. 2d 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-our-lady-of-lourdes-regional-med-ctr-lactapp-1989.