Hopkins County Hospital District v. Allen

760 S.W.2d 341, 1988 Tex. App. LEXIS 2672, 1988 WL 113808
CourtCourt of Appeals of Texas
DecidedOctober 25, 1988
Docket9630
StatusPublished
Cited by20 cases

This text of 760 S.W.2d 341 (Hopkins County Hospital District v. Allen) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hopkins County Hospital District v. Allen, 760 S.W.2d 341, 1988 Tex. App. LEXIS 2672, 1988 WL 113808 (Tex. Ct. App. 1988).

Opinion

BLEIL, Justice.

The Hopkins County Hospital District appeals a judgment awarding damages for future disfigurement and future mental anguish to Kimberly Allen in a medical malpractice action. The Hospital District questions the evidentiary support for the jury’s findings of future mental anguish and future disfigurement. Alternatively, it contends that the damage awards are excessive. We conclude that the evidence sufficiently supports the jury’s findings and that the damages are not excessive.

On May 3, 1984, Allen gave birth by Caeserean section. The doctors who performed the delivery neglected to remove a sponge from her abdomen. The surgery to remove the sponge required one long vertical incision in her abdomen, which left a scar. Allen and her husband sued doctors Dhawal Ram and Somjai Tris and the Hopkins County Hospital District for professional negligence. The jury found for the Allens and awarded the following damages:

Past pain and mental anguish: $20,000.00
Future pain and mental anguish: $50,000.00 Past physical impairment: $10,000.00
Past disfigurement: $25,000.00
Future disfigurement: $50,000.00
Past medical expenses: $ 6,000.00

The trial court entered judgment that the Allens take nothing from Tris and that they recover $170,736.25 from Ram and the Hospital District. Ram paid one-half of the total judgment and is not participating in this appeal.

The Hospital District argues that there is no evidence or insufficient evidence to support the jury’s $50,000.00 award for future mental anguish. The amount of damages for personal injuries, such as pain and suffering, disfigurement, and physical impairment, is primarily within the province of the jury. Rodriguez v. Kvasnicka, 710 S.W.2d 724, 727 (Tex.App.—Corpus Christi 1986, writ ref’d n.r.e.). In determining whether any evidence exists in support of a finding, we consider only the evidence tending to support the finding, viewing the evidence in the light most favorable to the finding and disregarding all contrary or conflicting evidence. Glover v. Texas General Indemnity Co., 619 S.W.2d 400 (Tex. *343 1981). When reviewing a jury verdict to determine the factual sufficiency of the evidence, we consider and weigh all the evidence and set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex.1986).

The term “mental anguish” means a relatively high degree of mental pain and distress — more than mere disappointment, anger, resentment or embarrassment. It includes a mental sensation of pain resulting from such painful emotions as grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation. Teledyne Exploration Co. v. Klotz, 694 S.W.2d 109, 112 (Tex.App.-Corpus Christi 1985, writ ref’d n.r.e.). Allen worries about future health problems resulting from the sponge’s removal. She testified that the doctors who removed the sponge advised her that potential complications, such as ruptured intestines, could result due to the sponge’s attachment to her intestines before its removal. She testified that each time she has a stomach ache or otherwise feels ill, she fears that this indicates a health problem attributable to the sponge removal surgery. We believe these facts amply demonstrate a degree of future mental anguish sufficient to support the jury’s damage award.

Alternatively, the Hospital District argues that the jury’s award for future mental anguish is excessive. There is no fixed rule or standard for measuring pain and suffering. The jury awards damages at its discretion. White Cabs v. Moore, 146 Tex. 101, 203 S.W.2d 200 (1947); Gulf States Utilities Co. v. Dryden, 735 S.W.2d 263, 268 (Tex.App.-Beaumont 1987, no writ). If there is evidence to sustain a jury’s damage award, it should not be disturbed on the ground that it is excessive. Atchison, Topeka and Santa Fe Railway Company v. O’Merry, 727 S.W.2d 596 (Tex.App.—Houston [1st Dist.] 1987, no writ). Allen must live with the uncertainty of possible health problems related to the removal of the sponge. We do not find the award of $50,000.00 for future mental anguish to be excessive.

Next, the Hospital District challenges the evidentiary support for the jury’s award of future disfigurement damages. The term “disfigurement” has been defined as that which impairs the beauty, symmetry, or appearance of a person or thing; that which renders unsightly, misshapened, or imperfect, or deforms in some manner. Goldman v. Torres, 161 Tex. 437, 341 S.W.2d 154, 160 (1960). Essentially, the Hospital District contends that future disfigurement damages are recoverable only if a reasonable probability of additional scarring or deforming is shown. It further contends that Allen should be denied recovery for future disfigurement because she failed to present evidence of future scarring or deforming related to the sponge removal. It argues that by allowing recovery for future mental anguish and future disfigurement, Allen is effectively recovering twice for the same injury.

Since the essential element of Allen’s claim for disfigurement is embarrassment, and embarrassment is also part of mental anguish, the Hospital District’s argument that the awards for future mental anguish and future disfigurement overlap and constitute a double recovery appears meritorious. However, the Hospital District did not object to the charge on that basis. In fact, it requested the court to submit future mental anguish and future disfigurement together, and it did not request an instruction defining those terms or separating them as elements of damage. Thus, it cannot now complain that the submission allowed a double recovery.

The Hospital District calls upon this Court to clarify the “blurring” of the distinction between the mental anguish and disfigurement elements of damages which it claims has been created by appellate court decisions concerning disfigurement. Thus, we review some of the cases which have discussed disfigurement damages.

In Amoco Production Co. v. Thompson, 657 S.W.2d 824 (Tex.App.-Corpus Christi 1983, no writ), the court upheld a jury verdict which included $65,000.00 for “future cosmetic disfigurement” due to severe burns received to the face, arms, and hands *344 of the plaintiff.

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Bluebook (online)
760 S.W.2d 341, 1988 Tex. App. LEXIS 2672, 1988 WL 113808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopkins-county-hospital-district-v-allen-texapp-1988.