Harris v. State Through Huey P. Long Mem. Hosp.

378 So. 2d 383
CourtSupreme Court of Louisiana
DecidedDecember 13, 1979
Docket64957
StatusPublished
Cited by16 cases

This text of 378 So. 2d 383 (Harris v. State Through Huey P. Long Mem. Hosp.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. State Through Huey P. Long Mem. Hosp., 378 So. 2d 383 (La. 1979).

Opinion

378 So.2d 383 (1979)

Bobby Ray HARRIS et al.
v.
STATE of Louisiana Through HUEY P. LONG MEMORIAL HOSPITAL and State Department of Hospitals et al.

No. 64957.

Supreme Court of Louisiana.

December 13, 1979.

Donald E. Puckett, La. Dept. of Health & Human Resources, Baton Rouge, for defendants-respondents.

LeDoux R. Provosty, Jr., Provosty, Sadler & deLaunay, Alexandria, for third party defendants-respondents, St. Paul Fire & Marine Ins. Co. and Dr. T. E. Banks.

John T. Bennett, Riddle & Bennett, Floyd J. Falcon, Jr., Avant, Wall, Thomas, Riche *384 & Falcon, Baton Rouge, for plaintiffs-applicants.

BLANCHE, Justice.[*]

Plaintiffs, the four children of Mrs. Lula B. Harris, seek damages in the amount of $322,863.88 from the State of Louisiana for the illness and pain suffered by their mother and for the loss to themselves caused by her death, all of which they claim was caused by the fault of the State employees at the Huey P. Long Memorial Hospital in Pineville, Louisiana.

This is one of two consolidated cases, in the other of which Dr. T. E. Banks, a physician at Rapides General Hospital, and his insurer were defendants; from that appeal no writ was sought, and the decision in that case is therefore final.

Both the Ninth Judicial District Court and the Court of Appeal for the Third Circuit found that there was proper medical care given to Mrs. Harris; that the doctors and hospital personnel at Huey P. Long Memorial Hospital were not negligent in the performance of their jobs; that the diagnosis and treatment Mrs. Harris received were proper; that the standard of care she received was no breach of the standard in the community; and that plaintiffs had failed to carry their burden of proving fault or neglect for which the state would be answerable. Plaintiffs applied for writs which were granted.

We now review the evidence as did both lower courts.

At the time the events in question occurred, Mrs. Harris was 66 years old, somewhat obese, and had a medical history of diabetes and circulatory problems affecting the lower extremities. At approximately 4:50 p. m. on June 19, 1975, she was injured when struck by an automobile as she crossed the street near her home in Marksville, Louisiana. After being taken by ambulance to the Marksville General Hospital's emergency room, a preliminary examination and diagnosis was made. The examining physician noted that she was suffering from pain in both shoulders; that there was a possible fracture in this region; that there was a fracture of the right humerus; there was a possible fracture in the hip region; and there were lacerations of both knees. She was transferred from Marksville General to the Huey P. Long Memorial Hospital in Pineville, as it was better equipped to handle injuries involving fractures.

Mrs. Harris arrived at Huey P. Long Hospital and was received in the emergency room at 6:00 p. m. on Thursday, June 19. She was seen first by Dr. McFadden, who noted that her injuries included probable fractures. He recommended that she be examined by someone from the orthopaedics service.

Records at the hospital and notations by the physicians indicated that Mrs. Harris suffered from diabetes and that she had a medical history of varicose veins and poor circulation in both legs. It was also noted that she had had surgery for stripping the veins and that there was skin discoloration on both legs due to the various circulatory problems and the surgery. X-rays taken at the time of her hospital admission on June 19 indicated in addition to the fractures which were shown that there was extensive vascular calcification in both legs.

Dr. William Seidensticker, who was in his third year residency and on duty at the time, was called in to examine and treat Mrs. Harris. He attended her from approximately 6:00 p. m. to 11:00 p. m. June 19. During this time period, he performed what is referred to as a surgical prep and debridement of the left knee. This includes scrubbing some eight to twelve inches both above and below the knee with a betadine solution and betadine scrub, draping the wound with sterile dressing, removal of foreign material, irrigation of the wound, removal of devitalized tissue, and open suturing of the wound to make certain that it *385 would remain open and draining. After this procedure, a dressing was placed over the wound. The fracture of the right shoulder was reduced and the right arm was immobilized; the central fracture and dislocation of the right hip was set and the leg placed in traction by means of a pin inserted in the right proximal tibia.

After receiving treatment for her injuries, Mrs. Harris was taken to the orthopaedic ward of the hospital and placed in a two-bed room. There was testimony that the air conditioning was not functioning in the room and that at all times while she was in the hospital, at least one of Mrs. Harris' children (and in one instance a granddaughter) stayed with her.

From the evening of June 19 to the afternoon of June 21, Mrs. Harris was under the care of the nursing personnel of the hospital. She was administered medication which Dr. Seidensticker had ordered, including Demerol and Vistaril for pain. Ice packs which had been ordered for her right shoulder and her left knee were also applied. There was no sign of infection or unusual odor surrounding the knee wound found in the regular checks made by the nurses. There was never any decreased pulse in the lower extremities. There is a full record, written contemporaneously with the regular examination, in which all clinical signs are noted (i. e. all signs which could be observed), including all temperature readings. There are notations of complaints of pain in the various regions of injury and notations that the medication for pain was administered at the regular intervals as ordered by the treating physician. There was testimony from both nurses and physicians that administration of such medication must be spaced over certain periods of time.

Mrs. Harris' temperature remained fairly steadily near 100°, dropping to 99° once, on June 19 and June 20. Testimony from all physicians indicates that this was the normal thing to be expected from one who had received the extensive trauma of being struck by an automobile and who had the fractures, lacerations and bruises which comprised her injuries.

An intravenous drip and a catheter were ordered for Mrs. Harris, and use of both continued throughout her hospital stay. Mrs. Harris was seen again by Dr. Seidensticker on June 20. At this time, he examined the sites of the fractures and he examined the wound on her left knee. He noted that the latter was "OK". Throughout the day of Friday, June 20, Mrs. Harris continued to receive the regular visits from the nurses and to receive the pain medication and ice packs. Her complaints of pain were general for the areas of her injuries, with no specific location singled out. There were no medical indications of an infection to the wound in the left knee nor were any medically significant odors noted by the nurses or the doctor. Her temperature remained practically constant. The evening of June 20, there was the first noted complaint of a particular pain limited to the left knee; pain medication was administered at 11:30 that night. Again on the morning of June 21, there is a notation of a specific complaint of pain in the left knee and medication was administered at 4:15 a. m. Mrs. Harris' temperature dropped the morning of Saturday, June 21; the drop was to 98°, a below-normal temperature. Ice packs continued to be applied to Mrs. Harris' right shoulder and left knee.

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Bluebook (online)
378 So. 2d 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-through-huey-p-long-mem-hosp-la-1979.