Heitman v. Christus Health Central

49 So. 3d 609, 10 La.App. 3 Cir. 458, 2010 La. App. LEXIS 1484, 2010 WL 4320516
CourtLouisiana Court of Appeal
DecidedNovember 3, 2010
Docket10-458
StatusPublished
Cited by1 cases

This text of 49 So. 3d 609 (Heitman v. Christus Health Central) 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
Heitman v. Christus Health Central, 49 So. 3d 609, 10 La.App. 3 Cir. 458, 2010 La. App. LEXIS 1484, 2010 WL 4320516 (La. Ct. App. 2010).

Opinion

*611 SAUNDERS, Judge.

11 Herein, we address whether the trial court erred in allowing Courtney Robinson, an out-of-state pediatric nurse practitioner, to testify as an expert witness at trial in this medical malpractice case. For the following reasons, we find that it did not err.

FACTS AND PROCEDURAL HISTORY:

On December 25, 2004, Callie Heitman (Callie), an infant, was admitted to Chris-tus St. Francis Cabrini Hospital (Cabrini) after experiencing a syncopal episode (fainting) at home. She was diagnosed as suffering from a severe case of anemia (iron deficiency).

Callie was initially treated in the Cabrini emergency room, where the staff attempted to initiate an IV to the patient. After several unsuccessful attempts at placing the IV, Curt Fuqua, RN, was able to establish the IV in the patient’s foot at 6:05 p.m. Thereafter, the Cabrini staff started Callie on a drip and drew blood through the IV. No immobilization device was used by Fuqua on the patient’s foot in order to secure the IV.

Unfortunately, IV access was lost at 11:14 p.m. due to kinking in the tubing. The Cabrini staff was unable to reestablish an IV at any peripheral site, and Dr. Stuart Head was called in to establish a central line in the patient’s right femoral vein.

Callie’s parents (the Appellants) filed the instant suit against Cabrini, alleging that it was negligent in failing to secure the IV access site with an armboard. The matter was initially submitted to a medical review panel, which unanimously held that Cabrini did not deviate from the standard of care.

The case was then presented before Judge Donald T. Johnson of the Ninth Judicial District Court in Rapides Parish. The trial court ultimately dismissed the | ^Appellants’ action against Cabrini. However, in making its decision, the trial court took into consideration testimony offered by nurse Courtney Robinson-accepting Robinson as an expert witness in pediatric nursing. It is on this issue that the Appellants bring their appeal.

APPELLANTS’ ASSIGNMENT OF ERROR:

The trial court committed legal error in failing to exclude the testimony of nurse Courtney Robinson, pursuant to [La.R.S.] 40:1299.41(A)(7).

LAW AND DISCUSSION ON THE MERITS:

The sole issue before this court is the propriety of the trial court allowing Courtney Robinson to testify as an expert witness in this case.

It is well-settled law that trial courts are given great discretion in determining if a potential expert witness is adequately qualified.

Trial Courts are vested with great discretion in determining the competence of expert witnesses, and rulings on the qualifications of an expert witness will not be disturbed unless there was an abuse of that discretion. A combination of specialized training, work experience, and practical application of the expert’s knowledge can combine to demonstrate that the person is an expert; a person may qualify as an expert based upon experience alone.

State v. Jarrell, 07-1720, p. 16 (La.App. 1 Cir. 9/12/08), 994 So.2d 620, 683 (quoting State v. Berry, 95-1610, p. 20 (La.App. 1 Cir. 11/8/96), 684 So.2d 439, 456, writ denied, 97-278 (La.10/10/97), 703 So.2d 603).

Moreover, “[t]he trial court is allowed much discretion in determining *612 whether to allow a witness to testify as an expert under La.Code Evid. art. 702, and its judgment will remain undisturbed unless that discretion was abused.” Benton Specialties, Inc. v. Cajun Well Serv., Inc., 09-506, p. 10 (La.App. 3 Cir. 2/10/10), 31 So.3d 1155, 1162, writ denied, 10-951 (La.6/25/10), 38 So.3d 343 (citing Cheairs v. State ex rel. Dep’t of Transp. & Dev., 03-680 (La.12/2/03), 861 So.2d 536).

In the present matter, the Appellants do not dispute Robinson’s impressive credentials in the field of pediatric nursing. Robinson holds a Master’s degree from the University of Texas and a Post Master’s certificate from Rush University in Chicago. She has held nursing licences in five different states and Washington D.C., and is certified by the Pediatric Nurse Credentialing Board. She is also a professor at Rush University in the field of clinical nursing, and she has been employed as a nurse practitioner at Texas Children’s Hospital Emergency Room.

The Appellants’ lone objection to the admission of Robinson’s testimony is that it violates the locality rule as contemplated by La.R.S. 40:1299.41(A)(22). In a malpractice suit against a health care provider, the plaintiff must prove the applicable standard of care and the breach of that standard.

The standard of care required of every health care provider, except a hospital, in rendering professional services or health care to a patient, shall be to exercise that 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.

Id.

Our state’s jurisprudence has dictated that an expert witness testifying as to a health care professional’s performance in relation to the applicable standard of care is constrained by the need to have practiced in a similar community or locale and under similar circumstances. Leyva v. Iberia Gen. Hosp., 94-795 (La.10/17/94), 643 So.2d 1236; Piazza v. Behrman Chiropractic Clinic, Inc., 601 So.2d 1378 (La.1992); and Donaldson v. Sanders, 94-1366 (La.App. 3 Cir. 7/19/95), 661 So.2d 1010. However, “[wjhere there is a uniform nationwide method for performing a particular |4medical procedure, an expert having knowledge of such method is qualified to testify, and ... the testifying expert in this circumstance is not constrained by the need to have practiced in a similar community or locale and under similar circumstances.” Roberts v. Warren, 01-1342, pp. 1-2 (La.6/29/01), 791 So.2d 1278, 1279 (quoting Leyva, 643 So.2d at 1239)(second alteration added).

Here, the Appellants urge that Robinson, despite her list of credentials, is unfit to testify as to the standard of care required of pediatric nurses in Alexandria, Louisiana, because her relevant experience was obtained in cities such as Houston, San Diego, Indianapolis, Chicago, and Omaha. They argue that because she has only worked in. pediatric hospitals in large cities, Robinson is “clueless” as to the standards exercised in smaller community hospitals such as Cabrini.

Cabrini counters by arguing that the locality rule should not apply. It contends that, as a result of her teaching position, Robinson has taught numerous students who went on to work in communities similar to Alexandria. It also argues that the record is devoid of evidence suggesting that the local standard of care differs in any respect from the national standard and that the Appellants bear the burden of establishing the relevant standard.

*613

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Bluebook (online)
49 So. 3d 609, 10 La.App. 3 Cir. 458, 2010 La. App. LEXIS 1484, 2010 WL 4320516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heitman-v-christus-health-central-lactapp-2010.