Hunt v. Bd. of Sup'rs of La. State Univ.

522 So. 2d 1144, 1988 WL 16406
CourtLouisiana Court of Appeal
DecidedFebruary 24, 1988
Docket19331-CA
StatusPublished
Cited by45 cases

This text of 522 So. 2d 1144 (Hunt v. Bd. of Sup'rs of La. State Univ.) 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
Hunt v. Bd. of Sup'rs of La. State Univ., 522 So. 2d 1144, 1988 WL 16406 (La. Ct. App. 1988).

Opinion

522 So.2d 1144 (1988)

Nancie Kellene HUNT, Plaintiff-Appellee,
v.
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, et al., Defendants-Appellants.

No. 19331-CA.

Court of Appeal of Louisiana, Second Circuit.

February 24, 1988.

*1146 A. Mills McCawley, Shreveport, for defendants-appellants.

Edmund M. Thomas, Shreveport, for plaintiff-appellee.

Before MARVIN, SEXTON and LINDSAY, JJ.

LINDSAY, Judge.

This is a medical malpractice case in which the plaintiff, Nancie Kellene Hunt, recovered a judgment of $275,000 against the LSU Board of Supervisors. The defendant appealed, claiming the trial court erred in allowing recovery and alternatively that the amounts awarded by the trial court were excessively high. The plaintiff answered the appeal, asserting that the amounts awarded by the trial court were too low. For the following reasons, we amend in part the trial court judgment, and, as amended, we affirm.

FACTS

On November 6, 1983, the plaintiff, then age 21, was admitted to LSU Medical Center in Shreveport for childbirth. The plaintiff's regular physician was not on duty and the plaintiff was attended by Dr. Steven McRae Brazeel, a second year family practice resident. The plaintiff was suffering from pregnancy induced hypertension, a condition which can potentially lead to seizures and death. Proper treatment of this condition calls for a series of intramuscular injections of 10 ccs of magnesium sulfate. One such injection was administered around 6:00 p.m., shortly before the birth of the child. The injection was given by Dr. Brazeel with a 20 gauge bevelled needle which was two and one-half inches in length.

Proper administration of such injections calls for insertion of the needle into the upper outer quadrant of the buttocks in order to avoid the sciatic nerve which runs through the buttocks into the leg.

When Dr. Brazeel inserted the needle, it struck the plaintiff's sciatic nerve, causing her leg to jerk. The plaintiff complained of sharp burning pain radiating down the leg and into her right foot. Dr. Brazeel partially withdrew the needle, allegedly redirected it, and injected the magnesium sulphate.

The plaintiff continued to experience numbness in her leg and testified she had difficulty getting onto the delivery table. The plaintiff delivered a healthy child, but continued to experience pain in her leg and developed a "foot drop" syndrome in her right foot accompanied by pain and numbness.

On June 18, 1984, the plaintiff filed suit against the LSU Board of Supervisors, LSU Medical Center in Shreveport and unknown employees of LSU Medical Center who were on duty November 6, 1983, claiming that her sciatic nerve had been permanently damaged, that she would suffer permanent pain and that as a result of her injury, she could not find employment.

A long trial ensued in which both plaintiff and defendant offered extensive medical testimony to establish how this injury occurred. The plaintiff presented numerous medical experts who all agreed that if the injection had been properly administered in the upper outer quadrant, the sciatic nerve would not have been injured. The plaintiff also presented medical testimony that her injury was caused by the injection of the magnesium sulfate into the nerve and not merely because the nerve was struck by the needle. The plaintiff's medical experts also testified that the proper procedure for redirection of the needle called for the needle to be withdrawn at least to the level of the skin. The experts testified that the procedure used by Dr. Brazeel in withdrawing the needle only one inch resulted in the needle following the original path upon reinsertion and restriking the nerve.

The defendant argued that Dr. Brazeel properly redirected the needle into the upper outer quadrant and injected the magnesium sulfate into the fatty planes of the plaintiff's buttocks. The defendant then *1147 argued that the magnesium sulfate migrated from the injection point to the sciatic nerve and caused the damage. Defendant also argued that the plaintiff's injury did not manifest itself immediately, but worsened over the passage of time, consistent with the theory that the nerve damage was caused by migration of the medication, and was therefore not caused by the fault of the doctor who administered the injection.[1]

In reasons for judgment, the trial court rejected the defendant's theory and found that the plaintiff experienced immediate pain when injected. The court found there were only two ways the injury could have occurred. First, the doctor hit the sciatic nerve, and injected some or all of the magnesium sulphate into the nerve, or second, the doctor struck the nerve but failed to redirect the needle a sufficient distance, struck the nerve a second time upon reinserting the needle and injected the nerve with magnesium sulphate.

The court found that the plaintiff would continue to have a noticeable limp in her right foot and that the prognosis for relieving the plaintiff's pain in the future was not good. The trial court awarded the plaintiff $175,000 for past, present and future pain and suffering, disability and future medical expenses. The court also found that the plaintiff's ability to engage in gainful employment was restricted by her injury and awarded her $100,000 in lost wages. The court awarded the plaintiff $250 for each of eleven medical experts who testified at trial.

On October 3, 1986, the defendant filed a motion for new trial which was denied by the trial court.

The defendant appealed, claiming the trial court erred in finding that the defendant had violated the applicable standard of care so as to allow a medical malpractice recovery against it. In the alternative, the defendant argues that the amount of damages awarded by the trial court was excessive.

The plaintiff answered the appeal, claiming that the trial court erred in awarding inadequate sums for general damages, loss of earnings and future earning capacity. The plaintiff also claims that the trial court erred in failing to award past medical expenses and erred in fixing an inadequate award for expert witness fees.

The plaintiff argues she should have been awarded at least $600 for each expert witness, $310,000 in general damages, $312,023.94 in lost past and future earning capacity and $804.87 in past medical expenses. The plaintiff recognizes that there is a statutory ceiling on medical malpractice awards against the state of $500,000 and, although she claims damages totaling $622,828.81, suggests that the total award be set at the $500,000 ceiling.

LIABILITY

The defendant argues that the trial court was manifestly erroneous in concluding that the defendant violated the community standard of care so as to find medical negligence, thereby allowing plaintiff to recover damages. The defendant claims the record clearly demonstrates a lack of negligence. This argument is meritless.

LSA-R.S. 9:2794 sets forth the applicable standard of care in medical negligence cases. That statute provides in pertinent part:

(A) In a malpractice action based on the negligence of a physician licensed under R.S. 37:1261 et seq., ... the plaintiff shall have the burden of proving:
(1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians, ...

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Bluebook (online)
522 So. 2d 1144, 1988 WL 16406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-bd-of-suprs-of-la-state-univ-lactapp-1988.