Gaffney v. Giles

165 So. 3d 1100, 2014 La.App. 4 Cir. 0384, 2015 La. App. LEXIS 856, 2015 WL 1955038
CourtLouisiana Court of Appeal
DecidedApril 29, 2015
DocketNo. 2014-CA-0384
StatusPublished
Cited by6 cases

This text of 165 So. 3d 1100 (Gaffney v. Giles) 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
Gaffney v. Giles, 165 So. 3d 1100, 2014 La.App. 4 Cir. 0384, 2015 La. App. LEXIS 856, 2015 WL 1955038 (La. Ct. App. 2015).

Opinions

TERRI F. LOVE, Judge.

11 This is a medical malpractice case brought by Henry Gaffney (“Mr. Gaff-ney”), against Dr. Thomas Giles (“Dr. Giles”) and LSU Healthcare Network (“LSU”). The State of Louisiana on behalf of Dr. Giles and LSU seeks reversal of the trial court’s ruling finding Dr. Giles breached the standard of care when he failed to return Mr. Gaffney’s phone calls. The State claims that there is insufficient evidence to prove causation and damages, and even if Dr. Giles breached the standard of care, as a state-employed physician, Dr. Giles should not be held liable under Detillier v. Kenner Regional Medical Center.1 Additionally, Mr. Gaffney seeks review of the trial court’s finding that Dr. Giles did not breach the standard of care for managing his Coumadin therapy as well as an increase of the damages award.

We find no error in the trial court’s judgment relative to the monitoring of Mr. Gaffney’s Coumadin treatment or the un-returned phone calls and awarded damages. Sufficient medical expert testimony was introduced at trial upon which the trial court reasonably relied to find that the proper standard of care for | ¡.managing a patient on Coumadin in 2001 was based on a physician’s medical training and experience. In that Dr. Giles relied on his medical training and over thirty years of experience when ordering Mr. Gaffney’s next blood test, the trial court did not err in finding that Dr. Giles did not breach the standard of care relative to Mr. Gaffney’s Coumadin treatment. Moreover, the trial court reasonably concluded that although Dr. Giles’ failure to return Mr. Gaffney’s calls were not the cause of Mr. Gaffney’s alleged residual damages, the unreturned calls did in fact lead to the progressive deterioration of Mr. Gaffney’s condition. Consequently, we find no manifest error in the trial court’s finding that Dr. Giles’ breach of the standard of care in this instance was the cause-in-fact of Mr. Gaff-ney’s advanced deteriorating condition. Likewise, we find the trial court did not abuse its discretion in the amount awarded in Mr. Gaffney’s favor.

Pursuant to Detillier, however, the trial court’s judgment as to the unreturned phone calls in favor of Mr. Gaffney must be entered against the State alone. Therefore, we amend the trial court’s judgment to remove Dr. Giles’ name and as amended, we affirm.

PROCEDURAL HISTORY AND FACTUAL BACKGROUND

Mr. Gaffney was diagnosed with a sinus of valsalva aneurysm of the aortic valve in 1998. He began treatment in July 2000 with Dr. Giles, a board-certified cardiologist, who ordered an echocardiogram every six months to monitor Mr. Gaffney’s aneurysm. Mr. Gaffney testified that when he began treating with Dr. | ¡¡Giles, he [1104]*1104lived an active lifestyle, riding a bike, swimming, and exercising three times a week.

In the fall of 2000, diagnostic tests showed significant progression of Mr. Gaffney’s aneurysm, . requiring surgery. Mr. Gaffney expressed a desire to have his surgery performed at the University of Alabama at Birmingham School of Medicine (“UAB”), and Dr. Giles recommended Dr. Albert D. Pacifico (“Dr. Pacifico”). Mr. Gaffney testified that he waited for Dr. Giles to refer him to Dr. Pacifico for surgery, but in March 2001, Mr. Gaffney sent a letter with his medical records requesting Dr. Pacifico to perform his operation. In response, Dr. Pacifico agreed that Mr. Gaffney needed surgery to replace the aortic valve and asked Mr. Gaffney to arrange for a pre-operative exam. Mr. Gaff-ney testified that he reported to UAB on July 9, 2001, for his pre-surgical testing and underwent surgery the next day.

Dr. Pacifico performed a successful cardiac surgery removing Mr. Gaffney’s aortic valve and root aneurysm and replacing it with a prosthetic valve. Dr. Pacifico explained to Mr. Gaffney that because of the prosthetic valve, he would require blood thinning medication, specifically Coumadin, for the remainder of his life to prevent blood clots that could cause a stroke.2 On July 14, 2001, Mr. Gaffney was discharged from UAB. Dr. Pacifico ordered Mr. Gaff-ney to follow |4up with his cardiologist Dr. Giles, who would manage his cardiac condition and Coumadin anti-coagulation therapy-

Dr. Pacifico placed Mr. Gaffney on five milligrams of Coumadin daily, as well as Dicloxacillin, Lopressor, Digoxin, and Ty-lox. In his letter to Dr. Giles, Dr. Pacifico provided the list of medications Mr. Gaff-ney was taking, including Coumadin. The letter did not indicate a dosage level with respect to Mr. Gaffney’s Coumadin therapy; however, Dr. Pacifico stated that Mr. Gaffney should be kept within an INR range of 3.0 and 3.5.

On July 16, 2001, Mr. Gaffney had his blood tested and results showed an INR of 3.7. At Mr. Gaffney’s first post-operative visit on July 18, 2001, Dr. Giles received the letter from Dr. Pacifico along with Mr. Gaffney’s July 16, 2001 3 INR results of 3.7.

Mr. Gaffney testified that during his follow-up visit, Dr. Giles explained to him that his INR level was “a little high.” Similarly, Dr. Giles acknowledged at trial that Mr. Gaffney’s INR reading was “outside the range” Dr. Pacifico documented in his letter. However, Dr. Giles did not change Mr. Gaffney’s dosage, preferring to order his next PT/INR test for three weeks later. On cross-examination Dr. Giles was asked whether he knew at the time he saw Mr. Gaffney “what dosage of Coumadin [Dr.] Pacifico or UAB put Mr. Gaffney on,” and Dr. Giles responded, “[n]o.” Counsel for Mr. Gaffney also asked whether Dr. Giles knew “what [Mr. Gaffney’s] prior INR or PT result might have been in Alabama.” [ sDr. Giles conceded that “[he] did not know the number.” He also testified that he “never called UAB, nurse’s staff, [Dr.] Pacifico or anyone to find out ... what the dosage was, when [the] dosage was administered [or] what INR results might have existed.” Dr. Giles testified that he “assumed [UAB] [1105]*1105followed the usual routine ... [and] discharged him on a dose that is a common dose.” He further stated that he relied on his “clinical judgment” to determine how long Mr. Gaffney was taking Coumadin and how much he was taking prior to his July 18, 2001 visit. Dr. Giles testified that based on his experience “when he saw Mr. Gaffney he had been on [five] milligrams of Coumadin for enough time, if he had exhibited an unusual sensitivity [he] would have seen it ... and in [his] clinical judgment in [three] weeks, [he] would look at another INR and see if he stabilize[d].”

Following his first post-operative visit with Dr. Giles, Mr. Gaffney testified that he began experiencing problems. In the late afternoon on August 3, 2001, Mr. Gaff-ney was driving when he temporarily lost vision in one eye. He testified that he pulled over and waited ten to fifteen minutes when his vision restored, and he continued home. Arriving at home in his driveway, he lost vision in his other eye and again waited a few minutes until his vision returned.

Mr. Gaffney went inside and immediately called Dr. Giles’ office.4 He testified at trial that he spoke with someone in the office who informed him that Dr. Giles had just left. Mr. Gaffney testified that he described his symptoms and |fiasked that Dr. Giles call him back. The person receiving the call then informed Mr. Gaffney that she would page Dr. Giles, and he would return Mr. Gaffney’s call. Mr. Gaff-ney testified that he never received a call back from Dr. Giles or anyone at LSU. Concerned, Mr.

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165 So. 3d 1100, 2014 La.App. 4 Cir. 0384, 2015 La. App. LEXIS 856, 2015 WL 1955038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaffney-v-giles-lactapp-2015.