Gregory v. Greater Southeast Community Hospital Corp.

697 A.2d 1221, 1997 D.C. App. LEXIS 161, 1997 WL 414335
CourtDistrict of Columbia Court of Appeals
DecidedJuly 24, 1997
DocketNo. 95-CV-1258
StatusPublished
Cited by2 cases

This text of 697 A.2d 1221 (Gregory v. Greater Southeast Community Hospital Corp.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregory v. Greater Southeast Community Hospital Corp., 697 A.2d 1221, 1997 D.C. App. LEXIS 161, 1997 WL 414335 (D.C. 1997).

Opinions

FARRELL, Associate Judge:

David Gregory, then thirty years old, was admitted to Greater Southeast Community Hospital (Greater Southeast or the Hospital) unconscious after overdosing on a combination of drugs, including heroin. He died eleven days later when, still in the hospital, he injected himself with illegal drugs he had obtained by unknown means. This appeal presents solely an issue of causation. The defendants/appellees concede that there was evidence from which the jury fairly could find that Greater Southeast and Dr. Sadri, the evaluating psychiatrist, were negligent in not initiating the Hospital’s Opioid Detoxification Protocol in treating Gregory. The issue, rather, is whether there was evidence reasonably permitting the plaintiffs medical expert to opine that the second, fatal, overdose was proximately caused by this negligence as the non-volitional result of an untreated craving for heroin. The trial court concluded that the expert’s opinion on causation lacked an adequate foundation as a matter of law. We uphold the grant of a directed verdict in favor of the defendants.

[1222]*1222I.

Gregory was admitted to Greater Southeast on May 26, 1992, after being found unconscious in the restroom of a gas station. The admitting diagnosis was “respiratory failure, possibly aspiration, unresponsive”; he was determined to be in a “post-overdose [condition] on different medications,” including cocaine, amphetamines, benzodiacepines, and heroin. A psychiatric evaluation was performed and he was transferred to the Psychiatric Floor, where for the next eleven days he received therapy and medications for anxiety, agitation, depression, withdrawal symptoms, and out-of-control behavior. On June 7, 1992, he was found unconscious on the bathroom floor of his hospital room; he had injected himself with illegal drugs procured by unknown means, and was pronounced dead of acute intravenous narcotism, a state of stupor induced by a narcotic.

Interviews with Gregory and his family, as well as hospital records, established that he had a history of abusing drugs, including heroin, starting with his senior year of high school in 1980. While attending college from 1988 to 1991, he attended nightly meetings of Narcotics Anonymous or Alcoholics Anonymous. He apparently remained drug free until February 1991 when he relapsed following unrelated surgezy. He abused the prescription drugs prescribed following the surgery, and “as time went on, it became cocaine and heroin.” Between March 1991 and May 26, 1992, he took part in drug rehabilitation and detoxification programs without lasting success, including one in March of 1992 at the Psychiatric Institute of Washington. At the time of his admission to Greater Southeast, he was under the care of a psychiatrist and receiving medication. He told Dr. Sadri that he had first attempted suicide in 1985, and that “this” — the latest overdose — was his “fifth or sixth time that he had attempted suicide.”

Plaintiffs medical opinion expert, Dr. Res-nik, offered an opinion that at the time of admission to the hospital Gregory had a “po-lysubstance abuse” problem and that he was a “chronic abuser” particularly of “opio-lates[,] highly addictive drugs.” These opioids, a “generic, ... broad description” for heroin, are “the most common cause for detoxification,” a regimen of managed withdrawal using substances such as Methadone. A “concomitant of [such] withdrawal” is a craving or “yearning” for the drug. In Dr. Resnik’s opinion, the defendants’ failure to institute Greater Southeast’s Opioid Detoxification Protocol as to Gregory violated the standard of reasonable care. Resnik also opined, within a reasonable degree of medical certainty, that had Gregory been treated according to the protocol he would not have overdosed again on June 7, 1992 while in the hospital, “[b]ecause he would have been on a withdrawal from opioid [yearning] and a maintenance against his opioid yearning.” Dr. Resnik’s opinion was that, had Gregory “been properly withdrawn, the craving would have been controlled [and] diminished, and not uncontrollable and as driving as it was.” That craving was foreseeable to the Hospital and Dr. Sadri in light of Gregory’s previous “detoxifications, his failed programs, his abuse of the heroin, ... the presence of the opioids” in his system at the time of admission, and his behavior and mood swings in the hospital that were symptomatic of heroin withdrawal.

II.

“Ordinarily, in a medical malpractice case, expert testimony is required in order to prove ... causation.” Gordon v. Neviaser, 478 A.2d 292, 295 (D.C.1984) (quoting Sponaugle v. Pre-Term, Inc., 411 A.2d 366, 368 (D.C.1980)). Plaintiff concedes that Dr. Resnik’s opinion was essential to its proof of proximate causation. “Proximate cause is ‘that cause which, in natural and continual sequence, unbroken by an efficient intervening cause, produces the injury-’ ” Powell v. District of Columbia, 634 A.2d 403, 407 (D.C.1993) (emphasis added; citations omitted). The trial court concluded that plaintiff had failed as a matter of law to prove the necessary sequence: that Gregory’s injecting himself with drugs in the hospital was not the voluntary, efficient intervening cause that produced his death. For the same reason, the court determined that Gregory was contributorily negligent as a matter of law. The court found insufficient [1223]*1223evidence in the record to support a reasonable conclusion by Dr. Resnik that Gregory, absent the detoxification which should have been instituted, was in the grip of an uncontrollable yearning for heroin that robbed him of the capacity to resist obtaining and injecting it if he could do so undetected.

In our judgment, too, the record is insufficient to support a reasonable inference that Gregory had lost all volition and so was powerless to resist the yearning for opioids. What might be termed the cognitive aspect of volition is not disputed. Gregory’s prior history of overdosing was enough to impute to him as a matter of law knowledge of the risk of death from doing so yet again. Central to the case, then, is Dr. Resnik’s opinion that, despite such knowledge, Gregory’s dependency on opioids was of such magnitude that, if untreated, it would foreseeably cause him to seek out and use them as he did.1 Critically, however, Dr. Resnik acknowledged in his testimony that persons using opioids have varying degrees of dependency on them, and that to determine an “individual’s degree of dependence” and thus the magnitude of his craving during withdrawal, one would need to know

[h]is prior use of the opioids, the frequency with which he used it, how he used it, whether he had been treated for it in the past, how many times, how successful that treatment has been, what has been the nature of the treatment, and the time ... frame, the duration, the intervals.

These factors, in particular “the amounts” and “[t]he strength of the opioids” the individual had been taking, “would be a great determin[a]nt in [establishing] the magnitude and the different kinds of [withdrawal] systems [sic; symptoms] he would have.”

Yet, on cross-examination, Dr. Resnik admitted that he did not “know how frequently or in what quantity Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
697 A.2d 1221, 1997 D.C. App. LEXIS 161, 1997 WL 414335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-greater-southeast-community-hospital-corp-dc-1997.