Gamino v. Lakeside Hosp.

652 So. 2d 36, 1995 WL 59753
CourtLouisiana Court of Appeal
DecidedFebruary 15, 1995
Docket94-CA-727
StatusPublished
Cited by3 cases

This text of 652 So. 2d 36 (Gamino v. Lakeside Hosp.) 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
Gamino v. Lakeside Hosp., 652 So. 2d 36, 1995 WL 59753 (La. Ct. App. 1995).

Opinion

652 So.2d 36 (1995)

Cathy GAMINO
v.
LAKESIDE HOSPITAL, Dr. Donald Guzzetta and Dr. Robert Miller.

No. 94-CA-727.

Court of Appeal of Louisiana, Fifth Circuit.

February 15, 1995.

Robert J. Caluda, Richard L. Root, New Orleans, for plaintiff/appellant, Cathy Gamino.

Charles A. Boggs and Terry B. Deffes, Boggs, Loehn & Rodrigue, New Orleans, for defendants/appellees, Lakeside Hosp., Dr. Donald Guzzetta and Dr. Robert Miller.

*37 Before BOWES, GOTHARD and CANNELLA, JJ.

BOWES, Judge.

Plaintiff/appellant, Cathy Gamino ("Gamino"), appeals a judgment of the district court in favor of the defendants, Dr. Donald Guzzetta and Dr. Robert Miller, dismissing her action in negligence (malpractice) against them. We affirm.

FACTS

Mrs. Gamino was diagnosed in 1974 with the chronic condition of Crohn's disease, an affliction which causes severe inflammation of the bowels. In 1976, she underwent a total colectomy, in which her entire colon, rectum and six inches of the small intestine were removed.

As a result of the surgery, Mrs. Gamino was required to use a colostomy bag to eliminate waste from her body. To facilitate attachment of the colostomy appliance to her body, her surgeon at that time, Dr. Irving Levine, constructed a stoma with a nipple about one inch high, formed out of her small intestine, which protruded from skin level. This is known as a "Brook's stoma".

In 1983, Mrs. Gamino developed a large ovarian cyst which necessitated surgery. Because of her history of Crohn's disease and the colectomy, her gynecologist Dr. Cohen, asked the defendant, Dr. Robert Miller, to be on call in the event that there were complications involving the bowels. On the day of surgery, Dr. Miller was out of town and had arranged for his partner, defendant, Dr. Don Guzzetta, to assist.

A hysterectomy was performed on March 1, 1983. Because some enlarged bowel had adhered to the female organs, Dr. Guzzetta had to release this bowel to enable the hysterectomy to continue. The operation was apparently successful and Mrs. Gamino was released on March 7, 1983. Several days after she went home, plaintiff realized that she had not been able to void, and after consulting her physicians, was readmitted to Lakeside Hospital for diagnosis and treatment. Dr. Guzzetta initially suspected a bowel obstruction or a severe ileus (paralysis) and, since he was unable to thread a catheter through the ileostomy, he attempted unsuccessfully to flush it out. Daily x-rays and other diagnostic tests were performed. By March 16, Dr. Guzzetta felt certain that the problem was a bowel obstruction and surgery was scheduled.

When Dr. Guzzetta opened plaintiff's abdomen, he found a cavity covering the entire abdomen, filled with partly bloody, partly yellowish fluid and a rind of tissue over the intestines. Dr. Guzzetta called Dr. Miller to assist, and the multiple obstructions were removed after a four-hour surgery. In the course of the operation, the Brook's stoma had to be removed as it was also totally obstructed. For reasons stated hereinafter, the surgeons then constructed a flat stoma rather than another Brook's stoma.

Plaintiff filed an action for malpractice against several physicians, including defendants, as well as against Lakeside Hospital. In the petition, it was generally alleged that she suffered a "continual and worsening condition relative to the continuing intestinal complaints which have resulted from the aforementioned surgery". Prior to trial, all defendants, except Drs. Guzzetta and Miller, had been dismissed.

At trial, the thrust of plaintiff's complaints centered on the type of stoma constructed by the defendants. Mrs. Gamino contended that the Brook's stoma permitted her to lead a relatively normal life, allowing her to travel, go out dining and dancing, etc.; and that the flat stoma requires far more time and effort to contend with, and results in skin irritation, pain, and severe inconvenience and diminishment of her lifestyle. Trial was held over a five day period in March of 1994, following which the court rendered judgment in favor of the defendants. The reasons for judgment read in pertinent part as follows:

The court finds from the testimony of the experts that Drs. Guzzetta and Miller did not violate the standard of care in forming a flat stoma on Mrs. Gamino. A physician's conduct should be reasonable under the circumstances existing when his professional judgment is exercised. A physician is not held to a standard of perfection nor evaluated with the benefit of *38 hindsight.... After four hours of surgery and with Mrs. Gamino's abdomen being full of adhesions and thickened bowel, the defendants were not negligent for failing to construct a Brooks' stoma. They exercised their best surgical judgment, as well as reasonable care, during Mrs. Gamino's surgery.
From this judgment plaintiff appeals.

SPECIFICATION OF ERROR

Plaintiff urges that the trial court erred in granting judgment in favor of defendants when the evidence presented at trial clearly revealed that appellant proved, by a preponderance of the evidence, that defendants provided substandard medical care and thus were guilty of malpractice. The argument on appeal concentrates on the issue of whether it was substandard medical care to create a flat stoma instead of the preferred Brook's stoma.

TESTIMONY AND EVIDENCE

At trial, Dr. Guzzetta testified that when he opened plaintiff's abdomen in the second surgery, he saw something he had never seen before or since, and described the fluid filled cavity and rind covering the intestines as follows:

The rind was stuck to the intestines and had to be dissected, or pealed [sic], or cut off of the bowel. And there was a lot of bleeding that occurred when this happened, we had to give her blood during surgery.
And in some places the bowel was thin, and when we tried to get the rind off we accidentally opened the bowel, so that some places had to be sutured closed. There was some segments that were so traumatized by what we were trying to do to free it up that we had to resect the bowel.
* * * * * *
And every time the bowel was opened and entered, fecal, greenish fecal material, that same stuff that comes out of the ileostomy, was going into her abdomen ... all this bowel was basically obstructed, and it was difficult to tell where the actual one obstruction was, causing the whole problem.

The existing Brooks stoma had to be taken out because it was completely obstructed. After it was removed, and while Dr. Guzzetta continued to operate, Dr. Miller tried to stick a hemostat through it and found it was completely blocked. When asked by plaintiff's counsel why a flat stoma was made instead of the Brook's, Dr. Guzzetta replied as follows:

"Two reasons. Number one, it was impossible to pull the bowel out any further than we did, because of the tension on the mesentery, which was thick, and that's where the blood supply comes from. If there's too much tension on the blood supply, the end of the bowel dies. So, it was tedious to get as much as we got, because in order to pull the bowel out, you have to remove some of the mesentery from the bowel itself ... and it saved time."

The doctor explained that if the Brook's stoma could have been made at all, that it would have taken another forty minutes and

When you do that, you're taking a chance of obstructing the blood supply.

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Bluebook (online)
652 So. 2d 36, 1995 WL 59753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamino-v-lakeside-hosp-lactapp-1995.