Gust v. Brint

577 So. 2d 1012, 1991 La. App. LEXIS 490, 1991 WL 32985
CourtLouisiana Court of Appeal
DecidedMarch 14, 1991
DocketNo. 90-CA-1077
StatusPublished
Cited by4 cases

This text of 577 So. 2d 1012 (Gust v. Brint) 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
Gust v. Brint, 577 So. 2d 1012, 1991 La. App. LEXIS 490, 1991 WL 32985 (La. Ct. App. 1991).

Opinions

LOBRANO, Judge.

Plaintiff-appellant, Mozelle C. Gust, brought suit against Dr. Stephen F. Brint and his insuror, the Insurance Corporation of America, alleging medical malpractice and lack of informed consent to surgery.

Following trial on the merits, the trial judge found that Dr. Brint’s care and treatment of Gust fell below the standards applicable to his practice in failing to conduct a reasonable inquiry into Gust’s medical status before performing surgery. However, the trial judge held that while Brint’s conduct constituted malpractice, it was not a “cause-in-fact” of Gust’s injuries. We disagree.

FACTS:

Mozelle Gust first sought medical care from Dr. Stephen F. Brint, an ophthalmologist, on March 24, 1982. She was fifty-six years old at the time and had a fifteen year history of thyroid disease. Her complaints consisted of excessive tearing, sensitivity to light, difficulty while reading and large bags under her eyes that periodically filled with fluid. Following his initial examination, Dr. Brint recommended removal of the bags. He explained to Gust that her appearance would be greatly improved. He told Gust that the surgical procedure, known as a blepharoplasty,1 was a simple [1013]*1013matter of “snipping the bags right off”. Gust informed Dr. Brint that she could not afford such surgery. Dr. Brint assured her that her insurance would cover the surgery if it was a medical necessity. In accordance with this assurance, Dr. Brint sent a letter to Gust’s insurer explaining the surgery was necessary to remove the bags because they were pushing her glasses out of focus. Following receipt of Dr. Brint’s letter, Gust’s insurer agreed to pay for the blepharoplasty. Dr. Brint did not perform any pre-surgical tests to determine Gust’s medical status. He relied solely on her telling him that her thyroid condition was stable and that she had been cleared for surgery by her treating physician.

The surgery was performed on September 16, 1982. Prior to surgery, Gust was given a standardized consent form by the hospital staff. Dr. Brint did not explain the form nor did he inform Gust of any special risks that might be involved because of her history of thyroid disease.

The surgery took several hours longer than Dr. Brint said it would take. Following surgery, Gust remained bandaged for twenty-four hours and bled continuously through the bandages. The original sutures remained for ten days. Additional sutures were placed in the incisions for one week as Dr. Brint was not satisfied after the original sutures were removed.

Approximately one month following surgery, Gust began to experience a “scratchy” sensation in her eyes upon awakening. She felt as if she had sand in her eyes. This condition worsened. She returned to Dr. Brint for relief. Dr. Brint was unable to determine the cause. He prescribed various medications including drops and salves.

Gust’s condition worsened. She frequently sought relief from Dr. Brint often without an appointment. She had pain, excessive tearing and redness and swelling of the eye sockets from the cheekbone to the eyebrows and from the end of the nose to the outer end of the eye.

Approximately two months after surgery, Dr. Brint diagnosed dryness of the cornea. He determined Gust must be sleeping with her eyes open and instructed her to tape her eyes shut during sleep. At approximately this same time, Gust noticed tissue “growing out” of the corner of her eye. This “growth” was diagnosed by Dr. Brint as edema of the caruncle2 tissue which continued to worsen. In addition, her lower lids displayed a condition called ectropion.3 Dr. Brint attributed both these manifestations as resulting from dryness of the cornea from sleeping with her eyes open.

Unable to diagnose the underlying cause of Gust’s problems, Dr. Brint referred Gust to Dr. Thomas Naugle in February of 1983. Dr. Naugle found that Gust was suffering from thyroidopathy or Graves disease.4 The end result of the Graves disease was exophthalmos.5 Since Gust did not have sufficient lid tissue to cover her eyeball, she developed lagophthalmos.6 Dr. Naugle changed her medications and recommended that she massage her lids.

Gust remained under the care of Dr. Brint for an additional ten months. Eventually, Dr. Brint referred her back to Dr. Naugle explaining that he was unable to do more for her and that she needed to be in the hands of a specialist.

Dr. Naugle, in order to remedy the lago-phthalmos, proposed a surgical procedure called an orbital decompression.7 Gust’s [1014]*1014husband, fearing more complications, refused to allow the surgery threatening to remove her from his medical insurance. As a result of the pain, discomfort and inability to function, Gust attempted suicide. Fortunately, this attempt failed. She was found by her daughter and rushed to the hospital.

The decompression was finally performed on December 15, 1983 and took seven and one-half hours. Gust suffered considerable pain and lost an excessive amount of blood requiring several transfusions.

Despite this initial decompression, Gust's lagophthalmos persisted. To attempt to remedy the problem, Dr. Naugle proposed additional surgery consisting of rescission of the eyelid retractors with insertions or scleral grafts8 to lengthen the eyelids. This scleral graft surgery was performed on April 19, 1984 on both upper and lower lids. The upper graft was successful, the lower graft was not. Following this surgery, scar tissue formed on the lower lids creating a wart-like effect.

Dr. Naugle referred Gust to Drs. Randolph Howes, a plastic surgeon and Richard Rubin, an ophthalmologist for further consultation. Both Dr. Howes and Dr. Rubin agreed Gust needed additional surgery to relieve the pressure on the optic nerves or blindness would result.

Due to the high cost of the surgeries, the Lion’s Club intervened and placed Gust in the hands of the L.S.U. Eye Research Center. There she was treated by Dr. Darrell Wolfley.

On January 7, 1985, Gust underwent a second decompression without success. The lagophthalmos remained.

Dr. Wolfley performed a total of four skin grafts, one on each lid to remedy the lagophthalmos. Each surgery took two to four hours and each was performed separately with time in between for healing. It was only after these skin graft surgeries that Gust was able to fully close her eyes since undergoing Dr. Brint’s blepharo-plasty.

Gust appeals the verdict of the trial court asserting the following assignments of error:

1) The trial court erred in not holding that Dr. Brint’s performance of the ble-pharoplasty breached the duty of care owed to Mrs. Gust;
2) The trial court erred in not holding that Dr. Brint’s failure to warn Mrs. Gust of the risks associated with the blepharoplasty vitiated her consent; and
3) The trial court erred in not holding Dr. Brint’s substandard conduct the “cause” of Mrs. Gust’s injuries.

The testimony adduced at trial is as follows:

MOZELLE C. GUST:

Mozelle Gust testified she first sought treatment from Dr. Brint on March 24, 1982.

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Bluebook (online)
577 So. 2d 1012, 1991 La. App. LEXIS 490, 1991 WL 32985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gust-v-brint-lactapp-1991.