Hoard v. Roper Hospital, Inc.

661 S.E.2d 113, 377 S.C. 503, 2008 S.C. App. LEXIS 73
CourtSupreme Court of South Carolina
DecidedApril 24, 2008
Docket4377
StatusPublished
Cited by1 cases

This text of 661 S.E.2d 113 (Hoard v. Roper Hospital, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoard v. Roper Hospital, Inc., 661 S.E.2d 113, 377 S.C. 503, 2008 S.C. App. LEXIS 73 (S.C. 2008).

Opinion

PER CURIAM:

In this medical malpractice action, Jamia Hoard and her parents, Karen Elizabeth Hoard and William Dwight (collectively the Hoards), appeal the trial court’s grant of summary judgment to Dr. Robert H. Smith on their cause of action for medical malpractice. The Hoards assert they provided evidence Dr. Smith was a proximate cause of Jamia’s injuries. Wé reverse.

FACTS

Jamia was born on March 30, 2002, at Roper Hospital (the Hospital) in Charleston. Shortly thereafter, she developed a respiratory condition and was transferred to a level II nursery, 1 where Dr. Marshall Goldstein, a neonatologist, 2 was her primary physician. Jamia’s condition necessitated an intravenous line to administer medication and fluids. Because the nursing staff was unable to start a peripheral intravenous line, Dr. Goldstein ordered Karen Johnson, a certified neonatal nurse practitioner, to place an umbilical intravenous line. 3 Johnson placed the line on the afternoon of March 30, 2002. *507 When inserted eleven to thirteen centimeters, the optimal location for such a catheter, the line would not draw 4 blood. Nurse Johnson then placed the line at fourteen centimeters. Following the Hospital’s protocol, a chest x-ray was taken on March 30 to confirm the position of the line.

The next morning, Dr. Smith, a radiologist, reviewed Jamia’s chest x-ray and prepared a report stating, “An umbilical vein catheter has been placed. The tip terminates high within the right atrium. There are persistent bilateral coarse infiltrates essentially unchanged compared with the prior one. No pneumothorax is seen.” Dr. Smith’s report was approved at 10:34 a.m. and sent to Jamia’s floor. At 2 p.m. that afternoon Dr. Goldstein reviewed Dr. Smith’s report. He did not adjust the placement of the line.

At 4:15 a.m. on April 1, Jamia went into cardiac arrest. Jamia was transferred to the neonatal intensive care unit 5 of the Medical University of South Carolina (MUSC) where it was determined the wall of the right atrium was perforated allowing blood and intravenous fluid to fill the pericardial sac around the heart, effectively causing tamponade. 6 MUSC physicians ascertained that the umbilical intravenous line most likely eroded the wall of the heart a few hours prior to the cardiac arrest, and as a result Jamia suffered severe brain damage.

Jamia and her parents separately filed professional negligence actions against the Hospital; Carolina Care Alliance, the owner and operator of the Hospital; Nurse Johnson; Dr. Smith; and Dr. Goldstein. The Hoards asserted Dr. Smith violated his standard of care by failing to note in his x-ray report the line was improperly placed and this failure was a proximate cause of Jamia’s injuries. The Hoards claimed Dr. *508 Goldstein may not have known the line was improperly placed and if Dr. Smith had alerted him to the placement, Dr. Goldstein would have moved the line, and prevented the cardiac arrest.

In his deposition, Dr. Paul Koenigsberg, a radiologist from Florida, testified that Dr. Smith violated the standard of care by failing to note on the chart or notify someone the line was improperly placed. Dr. Goldstein testified he knew the line was not optimally placed but chose not to reposition it for several reasons, including the line’s proven efficacy over twenty-two hours and the possibility of moving a blood clot that may have formed at the tip of the line. Dr. Anne Hansen, an assistant professor at Harvard University Medical School, described Dr. Goldstein’s reasons for not moving the line as a non-valid concern.

The Hoards settled their claims with the Hospital, Carolina Care Alliance, Nurse Johnson, and Dr. Goldstein. Dr. Smith made a motion for summary judgment. The trial court granted the motion, finding the Hoards did not provide evidence Dr. Smith was a proximate cause of Jamia’s injuries. The Hoards’ motion for amendment of judgment was denied. This appeal followed.

STANDARD OF REVIEW

When reviewing the grant of a summary judgment motion, this court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S.C. 488, 493, 567 S.E.2d 857, 860 (2002). In determining whether a triable issue of fact exists, the evidence and all factual inferences drawn from it must be viewed in the light most favorable to the nonmoving party. Sauner v. Pub. Serv. Auth., 354 S.C. 397, 404, 581 S.E.2d 161, 165 (2003). If evidentiary facts are not disputed but the conclusions or inferences to be drawn from them are, summary judgment should be denied. Baugus v. Wessinger, 303 S.C. 412, 415, 401 S.E.2d 169, 171 (1991).

*509 LAW/ANALYSIS

The Hoards contend the trial court erred in granting Dr. Smith’s motion for summary judgment because they provided evidence Dr. Smith was a proximate cause of Jamia’s injuries. The Hoards assert a jury could have disregarded Dr. Goldstein’s testimony and found Dr. Smith’s failure to alert Dr. Goldstein of the line’s position was a proximate cause of Jamia’s injuries. We agree.

“Medical malpractice lawsuits have specific requirements that must be satisfied in order for a genuine factual issue to exist.” David v. McLeod Reg’l Med. Ctr., 367 S.C. 242, 247, 626 S.E.2d 1, 3 (2006). Specifically, a plaintiff alleging medical malpractice must provide evidence showing: (1) the generally recognized and accepted practices and procedures that would be followed by average, competent practitioners in the defendant’s field of medicine under the same or similar circumstances, and (2) the defendant departed from the recognized and generally accepted standards. Jones v. Doe, 372 S.C. 53, 61, 640 S.E.2d 514, 518 (Ct.App.2006). Additionally, the plaintiff must demonstrate the defendant’s departure from such generally recognized practices and procedures proximately caused the plaintiffs alleged injuries and damages. David, 367 S.C. at 248, 626 S.E.2d at 4.

If the subject matter does not lie within common knowledge but requires special learning to evaluate the conduct of the defendant, then the plaintiff must offer expert testimony to establish both the required standard of care and the defendant’s failure to conform to that standard. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hoard Ex Rel. Hoard v. Roper Hosp., Inc.
694 S.E.2d 1 (Supreme Court of South Carolina, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
661 S.E.2d 113, 377 S.C. 503, 2008 S.C. App. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoard-v-roper-hospital-inc-sc-2008.