Green v. State, Southwest Louisiana Charity Hosp.

309 So. 2d 706
CourtLouisiana Court of Appeal
DecidedJune 13, 1975
Docket4893
StatusPublished
Cited by29 cases

This text of 309 So. 2d 706 (Green v. State, Southwest Louisiana Charity 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
Green v. State, Southwest Louisiana Charity Hosp., 309 So. 2d 706 (La. Ct. App. 1975).

Opinion

309 So.2d 706 (1975)

Delores Elaine GREEN, Individually and as administratrix of the Estate of her minor son, Robert Daniel Green, Plaintiff and Appellee,
v.
STATE of Louisiana, Through the SOUTHWEST LOUISIANA CHARITY HOSPITAL and/or the State Board and/or Department of Hospitals, Defendant and Appellant.

No. 4893.

Court of Appeal of Louisiana, Third Circuit.

February 26, 1975.
Rehearing Denied April 2, 1975.
Writ Refused June 13, 1975.

*708 Lawrence W. Bell, Baton Rouge, for defendant and appellant.

Allen, Gooch & Bourgeois by Raymond M. Allen, William J. F. Gearheard, Lafayette, for plaintiff and appellee.

Before FRUGE, CULPEPPER and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

This is a tort action brought against the State of Louisiana by the plaintiff who avers that her minor son was severely incapacitated as a result of the alleged failure of a physician employed by the defendant at the Lafayette Charity Hospital, Lafayette, Louisiana, to properly diagnose and treat her son's condition. From a judgment in favor of the plaintiff, the State of Louisiana has appealed. Plaintiff answered the appeal seeking an increase in the amount of damages awarded by the trial court.

The facts leading up to this suit are as follows: On Friday, September 24, 1971, nine year old Robert Green received a small scratch on the shin of his right leg when he fell either against an old washing machine or from a tree while playing. Shortly thereafter his mother administered first aid to the scratch with application of some salve and a bandaid. Following the incident Robert did not complain about the injury until two days later, about 4 o'clock P.M. Sunday afternoon. At this time he mentioned soreness in the leg and his mother noted a slight fever and what seemed to be a bruise around the scratched area. By 8 P.M. that same night the leg began to swell and appeared infected around the bruise, so Mrs. Green immediately transported Robert to the emergency room at Lafayette Charity Hospital, where he was seen somewhere between 10 and 12 P.M. The admitting room physician was Dr. Prapidabi Chandradibya, who was practicing medicine under a temporary institutional permit granted to foreign graduates by the Louisiana State Board of Medical Examiners. The doctor took a brief medical history of Robert from his mother and noted upon physical exam a temperature of 101, in addition to "marked swelling and tenderness of the right leg and discoloration at the area". Additional diagnostic examinations consisted of a blood count, urinalysis, blood culture, and an x-ray of the leg. Robert was also administered a tetanus shot and an antibiotic, the latter as an alternative to penicillin which the boy was allergic to. Doctor Chandradibya arrived at a clinical diagnosis of cellulitis (infection or inflammation) and determined from examination of the x-ray that there were no broken bones or foreign bodies present in the leg. Thereafter the doctor gave Mrs. Green a prescription for medication, made Robert an appointment for the following Tuesday morning, and permitted Mrs. Green to take her son home.

Upon arising at approximately 5:30 o'clock A.M. the following morning (Monday, September 27) Mrs. Green observed that Robert's leg was much more swollen, had turned dark in color, and what appeared to be blisters had formed on the leg, some of which had burst and were emitting fluid. Mrs. Green thereupon decided to take her son to the New Orleans Charity Hospital, rather than back to the Lafayette hospital, giving the reason that previous thereto the Lafayette hospital had always transferred him to New Orleans *709 for any major problem and she felt they simply were not qualified. Mrs. Green left Lafayette with Robert in a friend's automobile about 9 o'clock A.M.

Shortly before arriving in New Orleans the plaintiff testified that Robert's hands, fingernails, and lips turned black, that he complained of being cold and experienced "fits", and that the blisters on his leg had progressed above the kneecap. Robert arrived at New Orleans Charity Hospital at about 11:30 o'clock A.M. in extremely critical condition, and was subsequently examined by a surgeon, Dr. Frank McGregor. During the examination plaintiff sustained a cardiac arrest and had to be resuscitated. In addition to Robert being in "shock" at this time the surgeon noted obvious crepitation (crackling sound) on palpation, 105-6 degree temperature, and immediately diagnosed gas gangrene. Robert's right leg was subsequently removed (about 1 to 1½ hours later) above the knee (about 3 inches below the groin) by means of what is termed a "guillotine" amputation. At the end of the operation Robert sustained a second cardiac arrest and again was resuscitated. Following the operation he spent seven days in intensive care and 71 days in a hospital ward. Approximately one month after the amputation a second operation was performed to close the stump of the leg.

Robert subsequently was admitted to Shriner's Hospital for Crippled Children in Shreveport, Louisiana, on February 8, 1972, where he stayed 51 days. Here he was fitted with an artificial leg and taught to ambulate without crutches. Thereafter he was seen on a periodic outpatient basis for refitting and repair of the artificial limb and also was placed on physical therapy at the Southwest Louisiana rehabilitation Center in Lafayette.

The plaintiff subsequently filed this suit against the State of Louisiana, alleging liability through the Lafayette Charity Hospital and the State Board and/or Department of Hospitals. Plaintiff contended essentially that Doctor Chandradibya, as an employee of the defendant, was negligent in failing to: (a) observe and diagnose the readily detectable gas gangrene by properly interpreting the x-rays; (b) consult with another physician if unsure of his findings; (c) hospitalize Robert so he could be observed. As a result of the above failures it is alleged that Robert's leg had to be amputated and permanent brain damage was sustained. Plaintiff further contended that the doctor's conduct did not conform to the standard of care ordinarily exercised by physicians under similar circumstances.

After a trial on the merits the district judge ruled in favor of the plaintiff, finding negligence amounting to malpractice on the part of Doctor Chandradibya, for which the defendant was responsible. As a result, the judge awarded the plaintiff the sum of $204,292.25, representing (1) $150,000.00 for pain, suffering, disability, and loss of earning capacity; (2) $50,000.00 for future medical expenses and artificial limbs; and (3) $4,292.25 for medical expenses incurred at New Orleans Charity Hospital.

The defendant appealed said judgment assigning as error the following findings: (1) that Doctor Chandradibya was negligent in making his diagnosis and thus guilty of malpractice; (2) that the State of Louisiana was responsible for the alleged acts of negligence on the doctor's part; and (3) that an award of $204,292.75 was justifiable under the circumstances.

NEGLIGENCE OF DOCTOR CHANDRADIBYA

The standard of care by which a physician is judged in malpractice cases is that he "exercise the degree of skill ordinarily employed, under similar circumstances, by the members of his profession in good standing in the same community or locality, and to use reasonable care and diligence, along with his best judgment, in the application of his skill to the case". Meyer v. St. Paul-Mercury Indemnity Co., *710 225 La. 618, 73 So.2d 781 (1954); Uter v. Bone and Joint Clinic, 249 La. 851, 192 So.2d 100 (1966).

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Bluebook (online)
309 So. 2d 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-state-southwest-louisiana-charity-hosp-lactapp-1975.