Hoffman v. Brandywine Hospital

661 A.2d 397, 443 Pa. Super. 245, 1995 Pa. Super. LEXIS 1859
CourtSuperior Court of Pennsylvania
DecidedJune 29, 1995
StatusPublished
Cited by56 cases

This text of 661 A.2d 397 (Hoffman v. Brandywine Hospital) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoffman v. Brandywine Hospital, 661 A.2d 397, 443 Pa. Super. 245, 1995 Pa. Super. LEXIS 1859 (Pa. Ct. App. 1995).

Opinions

CERCONE, Judge:

This is a consolidated appeal from two orders of court granting appellees Gordon Eck, D.O. and Sanda Rajan, M.D. summary judgment in a medical malpractice action. We [249]*249affirm in part, reverse in part, and remand for further proceedings.

On December 3, 1984, decedent Helen M. Perpinka was admitted to Brandywine Hospital with a mass in her left breast. Dr. Sanda Rajan, decedent’s surgeon, performed a left radical mastectomy on December 17, 1984. During the course of pre-operative, operative, and post-operative procedures, Dr. Rajan ordered several blood transfusions. In October of 1986, the American Red Cross notified Dr. Eck, the decedent’s family physician, that a unit of blood transfused to the decedent had been donated by an individual who subsequently tested positive for the presence of HIV antibodies. Tragically, the decedent contracted the HIV virus from the contaminated blood. Before ultimately succumbing to AIDS related complications, decedent suffered chest congestion, drastic weight loss, viral infections, and fatigue.

Appellant Helen Hoffman filed this medical negligence suit on behalf of her deceased mother, Helen Perpinka. The original named defendants were Brandywine Hospital, American Red Cross, American Red Cross Penn-Jersey Region, William C. Sherwood, Dr. Gordon R. Eck, D.O., and Dr. Sanda Rajan, M.D. Appellant reached a settlement with American Red Cross, American Red Cross Penn-Jersey Region and William Sherwood, providing them with a joint tortfeasor release. Brandywine Hospital was dismissed from the action without objection from appellant. Appellant proceeded against Dr. Rajan and Dr. Eck.

In her complaint, appellant accused Dr. Rajan of ordering unnecessary blood transfusions and failing to obtain the patient’s informed consent to those transfusions. Appellant further claimed that Dr. Eck, decedent’s family physician, negligently cared for Mrs. Perpinka after she was diagnosed as HIV positive. Appellees, Dr. Rajan and Dr. Eck, successfully moved for summary judgment. In response, appellant filed the instant timely appeal arguing that because she had stated a valid cause of action against both appellees for negligence and against appellee Dr. Rajan for lack of informed consent, summary judgment was improper.

[250]*250Summary judgment may be properly granted when “the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Pa.R.C.P. 1035, 42 Pa.C.S.A. The judgment may only be granted in cases that are clear and free from doubt. Szabo v. Bryn Mawr Hospital, 432 Pa.Super. 409, 412, 638 A.2d 1004, 1006 (1994). A reviewing court must examine the record in the light most favorable to the non-moving party, accepting as true all well-pleaded facts and giving that party the benefit of all reasonable inferences drawn from those facts. Id. We may overturn a trial court’s entry of summary judgment only if there has been an error of law or a clear abuse of discretion. McCain v. Pennbank, 379 Pa.Super. 313, 318, 549 A.2d 1311, 1313 (1988). Accord Marks v. Tasman, 527 Pa. 132, 134-35, 589 A.2d 205, 206 (1991).

To state a prima facie cause of action for malpractice, a plaintiff must establish that (1) the physician owed a duty to the patient; (2) the physician breached that duty; (3) the breach of duty was the proximate cause of, or a substantial factor in, bringing about the harm suffered by the patient, and (4) the damages suffered by the patient were a direct result of that harm. Mitzelfelt v. Kamrin, 526 Pa. 54, 62, 584 A.2d 888, 891 (1990). Moreover, a plaintiff must “present an expert witness who will testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards, and that such deviation was the proximate cause of the harm suffered.” Id. at 62, 584 A.2d at 892.

Appellant has maintained throughout this action that Dr. Rajan breached the duty of care owed by a physician to a patient by ordering unnecessary blood transfusions. To that end, appellant' relies on an expert in the field, Thomas H. Gouge, M.D. Dr. Gouge opined:

At issue is the blood transfusion which was the clear cause of Ms. Perpinka’s AIDS and death. Although it is clear in [251]*2511991 that one would not give a blood transfusion to such a patient unless she was symptomatic from anemia, this was much less clear in 1984.
A general guideline at that time was that no single unit transfusion would be given and transfusion should not be given unless the hematocrit was below 30%, except to replace blood lost at operation.
Ms. Perpinka was not symptomatic from anemia. Her hematocrit was in an acceptable range for surgery. No significant blood [loss] occurred at surgery. No rationale for transfusion is documented in the chart.
Given the patient’s nutritional deficiency and mild anemia with low iron scores, attention to her red cell mass and serum iron was appropriate and the four units of blood transfused only kept her hematocrit in the same range but transfusion was not the only method of dealing with nutritional anemia. Transfusion is hazardous, as the outcome shows, and should only be used when necessary. Accordingly, I believe the four unit transfusion over December 15-17, 1984 departs from the appropriate standards of medical care. The transfusion as a cause of AIDS speaks for itself.

R. at 72a (emphasis added).

Although Dr. Gouge acknowledged the propriety of transfusions to replace blood lost during an operation, he did not conclude that the December 17, 1994 transfusion was appropriate. To the contrary, he opined that the amount of blood lost during decedent’s surgery was insufficient to justify replacement through transfusion. We are therefore confronted with expert testimony that Dr. Rajan’s conduct in ordering unnecessary blood transfusions deviated from accepted medical practice and that a transfusion of tainted blood caused the specified harm.1 Because this matter is before us on appeal [252]*252from a grant of summary judgment, we need not assess the ultimate merits of the proffered testimony. Rather, we conclude only that the lower court erred in entering summary judgment on this issue because it is the function of the trier of fact to resolve genuine issues of material fact. Accordingly, we reverse the lower court’s order with respect to this claim and remand for further proceedings.

Appellant next argues that by granting summary judgment, the lower court improperly disposed of the lack of informed consent claim. Specifically, appellant maintains that Dr. Rajan improperly failed to obtain the decedent’s informed consent before administering blood transfusions. Our court has recently authored a comprehensive discussion of the doctrine of informed consent:

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Bluebook (online)
661 A.2d 397, 443 Pa. Super. 245, 1995 Pa. Super. LEXIS 1859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-brandywine-hospital-pasuperct-1995.