Henry v. Deen

310 S.E.2d 326, 310 N.C. 75, 1984 N.C. LEXIS 1560
CourtSupreme Court of North Carolina
DecidedJanuary 10, 1984
Docket200A83
StatusPublished
Cited by129 cases

This text of 310 S.E.2d 326 (Henry v. Deen) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henry v. Deen, 310 S.E.2d 326, 310 N.C. 75, 1984 N.C. LEXIS 1560 (N.C. 1984).

Opinions

[77]*77MITCHELL, Justice.

This case involves claims of an administrator of a decedent’s estate against two physicians and a physician’s assistant for wrongful death and civil conspiracy. The questions addressed in this appeal include (1) whether the plaintiffs motion to amend his complaint should have been allowed; (2) whether the complaint sufficiently stated a claim for punitive damages arising out of the alleged negligence of the defendants; and (3) whether the dismissal of claims against the defendants for civil conspiracy was proper. The Court of Appeals held that the trial court erred in denying the plaintiffs motion to amend his complaint to add allegations set forth in a proposed amended complaint attached to that motion. The Court of Appeals affirmed the trial court’s dismissal of claims for punitive damages for wrongful death and affirmed the trial court’s dismissal of claims for civil conspiracy against all defendants. We reverse the decision of the Court of Appeals on each issue and remand the case for further proceedings.

In his representative capacity as administrator of his brother Archie Lee Henry’s estate, the plaintiff Joe Henry brought this action on June 25, 1981 against two doctors and a physician’s assistant for wrongful death and civil conspiracy. The original complaint alleged that the decedent was 35 years old at the time of his death on July 8, 1979. In the latter part of June 1979 Henry began to feel pain and discomfort in his chest which radiated into his shoulders and down both arms. He experienced a burning sensation, nausea and “heartburn” after eating. He also had difficulty breathing and resting comfortably at night.

After experiencing more severe chest pain and other ailments on Saturday, June 30 and Sunday, July 1, Henry went to the hospital emergency room facility at Anson County Hospital. At the hospital an emergency room physician examined Henry and took a medical history from him. The physician prepared a report on the examination and history and placed it in Henry’s medical file. While at the hospital Henry was x-rayed. A radiologist interpreted his chest x-ray, prepared a written report of his findings, and placed the report in Henry’s record. The emergency room physician diagnosed Henry as having a pneumonia condition. The physician prescribed medicine for him and [78]*78instructed him to see the defendant Deen if he had any more problems. Deen is a licensed physician in the general practice of medicine in Anson County whose office was adjacent to the hospital. After discharging Henry that day, the emergency room physician and the radiologist reviewed the x-ray report. The report indicated possible serious cardiac deterioration. In the report the radiologist urged a complete medical evaluation of Henry’s chest and his symptoms. Late Sunday evening the emergency room physician called Henry at his home and specifically instructed him to see the defendant Deen on Tuesday, July 3.

The plaintiffs complaint alleged that Henry visited Deen’s office on the morning of July 3, 1979, and that at that time his symptoms had not changed. Henry told a medical technician about his symptoms, and they were recorded on a medical chart prepared in Deen’s office. Henry also told the technician that his father had died of heart disease and that Henry had been treated in 1977 for high blood pressure. That information also was written on the medical record. The plaintiff alleged that this record and the substance of the records from the hospital were available to and known to Deen and Physician’s Assistant Hall on July 3. Hall was employed by Deen at the time. The plaintiff claims that despite Henry’s request for help and treatment, the defendants Deen and Hall conducted only a cursory examination of him, and without further tests urged him to continue taking the medicine prescribed for a pneumonia condition.

Deen and Hall advised Henry to return for a follow-up appointment on Friday, July 6, 1979. Henry returned on that day, his condition unchanged. He again related his symptoms to a medical technician, and they were written on his medical chart. Because Deen was not in his office on July 6, Henry was seen by Physician’s Assistant Hall. The plaintiff alleged that Hall conducted no tests on Henry but instead advised him to continue taking the medication prescribed for him on July 1 by the emergency room physician. She also prescribed additional medication unrelated to a heart condition. In his original complaint the plaintiff alleged that Hall did not consult with any physician concerning Henry’s condition on July 6.

The plaintiff alleged that Henry suffered from arteriosclerosis, coronary atheromatosis and coronary thrombosis, the [79]*79combination of which, if undiagnosed and untreated, leads inevitably to the death of heart tissue and possible cardiac arrest. He alleged that Henry’s symptoms as disclosed to Hall and Deen made a medical diagnosis of heart disease compelling and obvious.

Henry died on July 8, 1979 of massive myocardial infarction as a result of heart disease. He did not die of pneumonia, nor did any pneumonia condition contribute to his death, according to the plaintiffs complaint.

The plaintiff claimed that after Henry’s death the defendants Deen, Hall and Niazi, a licensed physician, initiated a conspiracy to alter medical records and to prevent the plaintiff from discovering the negligent acts of the defendants Deen and Hall. The defendants allegedly destroyed medical records concerning medical treatment of Henry and fabricated a record of a July 6, 1979 consultation between the defendants.

In summary the plaintiffs original complaint set forth the following counts: (1) Henry’s death was proximately caused by Deen’s negligence; (2) Henry’s death was proximately caused by Hall’s negligence; (3) Hall’s negligence was imputed to Deen under a theory of respondeat superior, (4) the gross, wanton, intentional and reckless conduct of Hall and Deen entitled the plaintiff to recover punitive damages; (5) the conspiracy between Deen and Hall to falsify medical records constituted civil conspiracy giving rise to punitive damages; (6) the conspiracy between Hall, Deen and Niazi to create a record of non-existent consultation constituted civil conspiracy giving rise to punitive damages. The complaint sought actual damages for wrongful death from Deen and Hall and punitive damages for wrongful death and civil conspiracy from Deen and Hall. From Niazi the complaint sought only punitive damages for civil conspiracy.

After the defendants made motions to dismiss the original complaint, the plaintiff, on November 30, 1981, filed a motion to amend and attached a proposed amended complaint. The amended complaint repeated the original claim that Hall never consulted with a physician on July 6, 1979 but alleged in the alternative that a consultation did occur between Hall and Niazi on that day. The amended complaint alleged that Physician’s Assistant Hall called Niazi on July 6, 1979 for a consultation as a result of an arrangement between Niazi and Deen by which Niazi treated [80]*80Deen’s patients in Deen’s absence. The plaintiff claimed that Niazi advised Hall to have Henry admitted to a hospital and to have an electrocardiogram test. The plaintiff also claimed that Niazi failed to examine Henry personally and failed to examine the chest x-rays even though he was aware that Hall was only a physician’s assistant and not a licensed physician. Instead, Niazi attempted to diagnose Henry and advise treatment over the telephone.

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Cite This Page — Counsel Stack

Bluebook (online)
310 S.E.2d 326, 310 N.C. 75, 1984 N.C. LEXIS 1560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-deen-nc-1984.