Gala v. Hamilton

715 A.2d 1108, 552 Pa. 466, 1998 Pa. LEXIS 1475
CourtSupreme Court of Pennsylvania
DecidedJuly 22, 1998
Docket0010 E.D. Appeal Docket 1997
StatusPublished
Cited by12 cases

This text of 715 A.2d 1108 (Gala v. Hamilton) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gala v. Hamilton, 715 A.2d 1108, 552 Pa. 466, 1998 Pa. LEXIS 1475 (Pa. 1998).

Opinions

OPINION

NEWMAN, Justice.

We granted allocatur in this matter to address the issue of whether a defendant must present medical literature to justify a “two schools of thought” instruction.

In March of 1988, Hiren S. Gala (Appellant) underwent surgery for removal of a schwannoma, a benign tumor on a nerve in his neck. His wife, who is a pathologist, first noticed the lump on her husband’s neck in December 1987. Ralph Hamilton, M.D., a plastic surgeon, and Michael O’Connor, M.D. a neurosurgeon, (Appellees), performed the operation. Prior to the surgery, Appellees did not know which nerve was involved in the schwannoma because the area of the neck level [468]*468with the larynx and close to the base of the skull contains many nerves. They suspected that the vagus nerve, which controls the vocal chords, the larynx, and certain aspects of the esophagus, the heart and the intestines, might be involved. However, it was also possible that a branch of the spinal accessory nerve was involved. The surgical plan was to operate under local anesthesia so that Appellees could obtain a stimulus response from the patient during surgery when they palpated areas in the surgical field. Through such a response, the surgeons expected they would be able to identify the nerve around which the schwannoma had grown.

Once the procedure began, Appellees saw that the schwannoma had grown completely around what they thought to be a branch of the spinal accessory nerve, and they realized that to remove the tumor they would have to cut the nerve. They determined that repairing the damage would not be feasible because of the potential damage to other nerves if they attempted to perform a graft in the crowded area at the base of the skull where the carotid artery, the jugular vein and a number of nerves are located. Following surgery, Appellant was unable to speak, and Appellees determined that the schwannoma had grown around the vagus nerve, and not a branch of the spinal accessory nerve as they had previously believed. Appellant eventually regained his voice.

Appellant filed suit in the Court of Common Pleas of Philadelphia County (trial court), alleging that Appellees’ failure to exercise reasonable care in removing the tumor caused permanent injury to his vagus nerve, and that he suffers from a speech impediment and difficulty swallowing and coughing. At trial, Appellant’s expert testified that performing the operation under local anesthesia was negligent because it restricted the operative field and the ability of the surgeon to observe the operative field adequately. He testified that the use of local anesthesia increased the risk and was the cause of the injury to the vagus nerve. Each Appellee presented expert testimony supporting the decision to remove the tumor under local anesthesia. Eugene Meyers, M.D., a board-certified otolaryngologist with a sub-specialty in head and neck sur[469]*469gery, testified for Appellee Hamilton. He testified that local anesthesia was used by a considerable number of reputable, respected physicians throughout the world in 1988 to remove tumors in the area of the neck where Appellant’s tumor was located. He further testified that he has excised masses in that area of the neck under local anesthesia many times. Dr. Meyers cited the example of a doctor trained in otolaryngology who traveled to India where she would remove hundreds of thyroid tumors under local anesthesia. He noted that one potential complication of thyroid surgery is damage to the vagus nerve. In addition, he testified that the choice of anesthesia, whether general or local, does not make a difference in the outcome of the operation, and that excellent exposure of the surgical field is possible with either approach. Dr. Meyers also testified that the literature discussing removal of tumors from the neck does not indicate the type of anesthesia to be used.

Appellee O’Connor presented the testimony of a board-certified otolaryngologist, William M. Keane, M.D., who also has a sub-specialty in head and neck tumor surgery. He testified that performing surgery under local anesthesia allows for monitoring of nerve function, and that use of local anesthesia in surgery deep in the neck is a recognized technique. Furthermore, he noted that surgeons often use local anesthesia when operating on the carotid artery, which is located next to the vagus nerve. He testified that the literature regarding surgical excision of schwannomas does not indicate that general, rather than local anesthesia should be used. He also stated the choice of anesthesia does not affect the ability to determine the nerve involved with the schwannoma.

During the jury charge, the trial court gave the following instruction:

Where there are two schools of thought in the use of local anesthesia, a physician may rightfully choose to practice under either school of thought. If you the Jury find as a fact that the Defendants followed a procedure recognized by reputable and respected, considerable number of medical experts in the use of local anesthesia, even if in the [470]*470minority, the Defendants would not be deemed negligent or in violation of the standard of care in the use of local anesthesia in 1988 and you must find for the defendants on this issue.

N.T. 7-26-94 at 77. The jury returned a verdict in favor of the Appellees, and the Superior Court affirmed. This Court granted allocatur on the limited question of whether medical literature must exist to support a two schools of thought jury instruction.

In Jones v. Chidester, 531 Pa. 31, 610 A.2d 964 (1992), this Court thoroughly reviewed the development of the two schools of thought doctrine, noting that it first appeared in modern Pennsylvania law in Remley v. Plummer, 79 Pa.Super. 117 (1922).1 The Court made the following definitive statement regarding the standard applied in this Commonwealth:

Where competent medical authority is divided, a physician will not be held responsible if in the exercise of his judgment he followed a course of treatment advocated by a considerable number of recognized and respected professionals in his given area of expertise.
In recognizing this doctrine, we do not attempt to place a numerical certainty on what constitutes a ‘considerable number.’ The burden of proving that there are two schools of thought falls to the defendant. The burden, however, should not prove burdensome. The proper use of expert witnesses should supply the answers. Once the expert states the factual reasons to support his claim that there is a considerable number of professionals who agree with the [471]*471treatment employed by the defendant, there is sufficient evidence to warrant an instruction to the jury on the two ‘schools of thought.’ It then becomes a question for the jury to determine whether they believe that there are two legitimate schools of thought such that the defendant should be insulated from liability.

Jones, 531 Pa. at 40-41, 610 A.2d at 964. Initially, we note that Jones uses the general terms “competent medical authority,” “the proper use of expert witnesses” and “factual reasons to support [the expert’s] claim.” Jones

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Gala v. Hamilton
715 A.2d 1108 (Supreme Court of Pennsylvania, 1998)

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Bluebook (online)
715 A.2d 1108, 552 Pa. 466, 1998 Pa. LEXIS 1475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gala-v-hamilton-pa-1998.