Iseah v. EA Conway Memorial Hosp.

591 So. 2d 767, 1991 La. App. LEXIS 3278, 1991 WL 256252
CourtLouisiana Court of Appeal
DecidedDecember 4, 1991
Docket23053-CA
StatusPublished
Cited by33 cases

This text of 591 So. 2d 767 (Iseah v. EA Conway Memorial Hosp.) 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
Iseah v. EA Conway Memorial Hosp., 591 So. 2d 767, 1991 La. App. LEXIS 3278, 1991 WL 256252 (La. Ct. App. 1991).

Opinion

591 So.2d 767 (1991)

Michael David ISEAH, et al., Plaintiffs-Appellants,
v.
E.A. CONWAY MEMORIAL HOSPITAL, et al., Defendants-Appellees.

No. 23053-CA.

Court of Appeal of Louisiana, Second Circuit.

December 4, 1991.
Rehearing Denied January 16, 1992.
Writ Denied April 3, 1992.

*768 Hunter, Scott, Blue, Johnson & Ross by James E. Ross, Jr., Monroe, for plaintiffs-appellants.

Hudson, Potts & Bernstein by Jesse D. McDonald, Monroe, for defendants-appellees.

Before SEXTON, LINDSAY, and BROWN, JJ.

SEXTON, Judge.

In this medical malpractice action, the plaintiffs, Michael David Iseah and Karen Elaine Iseah, appeal an adverse judgment following a bench trial, in favor of the defendants, E.A. Conway Memorial Hospital and the State of Louisiana, through the Department of Health and Human Resources. The judgment rejected plaintiffs' claims for damages for the alleged wrongful death of their father, 44-year-old Otis Iseah. We affirm.

Otis Iseah had a significant history of emergency medical treatment. He additionally had a history of alcohol and marijuana abuse, which apparently contributed significantly to his medical problems. Mr. Iseah first sought emergency medical treatment at E.A. Conway Hospital in Monroe on January 16, 1984. He had previously been treated on several occasions in 1983 at the St. Francis Medical Center. Later occasions on which Mr. Iseah sought treatment or was admitted to E.A. Conway were July 21, 1984; August 19, 1984; November 21, 1984; December 4, 1984; March 10-19, 1985; October 13, 1985; October 14-18, 1985; January 10, 1986; January 21, 1986; and January 28-31, 1986. Mr. Iseah's usual complaints were nausea and vomitting. He also occasionally complained of chest pains. Invariably, Mr. Iseah's complaints were diagnosed as attributable to his long history of alcohol abuse. Echocardiograms taken in November 1984 and March 1985 revealed evidence of heart disease, specifically thickened mitral valve leaflets.

On his final visit to E.A. Conway, Mr. Iseah was diagnosed as suffering from subacute bacterial endocarditis (SBE), a rare infectious disease of the valves of the heart. SBE occurs when bacteria, often of a variety common in the human mouth, enter the bloodstream and ultimately attach themselves to the valves of the heart. Especially susceptible are previously damaged heart valves. SBE is evidenced by prolonged low grade fever, which spikes to *769 a higher fever, and a new heart murmur or a change in an existing heart murmur. It is diagnosed by obtaining a series of blood cultures from the patient. On January 31, 1986, Mr. Iseah was transferred to the LSU Medical Center in Shreveport where, despite surgery, he died as a result of SBE on February 3, 1986.

The plaintiffs filed suit for damages alleging that the defendants, through their physician employees, were negligent and that such negligence constituted medical malpractice resulting in the death of Mr. Iseah. Specifically, plaintiffs claim that Mr. Iseah's SBE should have been diagnosed on either of his two most recent emergency room visits prior to his final visit, the emergency room visits of January 10, 1986 and January 21, 1986.

Following a bench trial, the trial court rendered a written opinion denying plaintiffs' claims for damages. The trial court noted the nature of SBE, that it is a rare disease and one difficult to diagnose. The trial court also noted Mr. Iseah's history of alcohol and marijuana abuse and his numerous appearances at the E.A. Conway emergency room with complaints of chest and stomach pains, vomitting, and symptoms of delirium tremens. Echocardiograms taken during these earlier visits showed evidence of heart murmurs. The trial court noted that on January 10, 1986, Mr. Iseah exhibited symptoms similar to those evidenced on previous visits, but there was no evidence of a heart murmur. On January 21, 1986, Mr. Iseah was treated with nitrogylcerine for severe angina pectoris. The trial court noted that on both. January 10 and 21, 1986, Mr. Iseah had been instructed to return later to other sections of the hospital, which instructions Mr. Iseah ignored. The trial court further noted that when Mr. Iseah was first admitted on January 28, 1986, there was initially no low grade fever with spikes to a higher temperature nor evidence of a heart murmur. Correspondingly, there was no suspicion of SBE. On Mr. Iseah's last admission, a heart murmur distinctively different from any noted previously subsequently manifested itself, leading to the suspicion of and eventual diagnosis of SBE. The trial court found no indication as to "exactly" when SBE developed in Mr. Iseah. The court concluded it could have been "in the last few days of his life or it could have been over a period of weeks."

The trial court found that E.A. Conway's emergency room physicians acted in accord with the general standard of care. In short, the trial court found plaintiffs had failed in their burden of proving malpractice. Plaintiffs appeal this judgment.

SEQUESTRATION OF WITNESSES

Plaintiffs argue that the trial court committed reversible error in exempting from the rule of sequestration defendants' expert witnesses where those witnesses also constituted fact witnesses. The defendants predominantly relied upon for their expert medical testimony those physicians who had treated Mr. Iseah during his numerous visits to E.A. Conway Hospital.

Expert witnesses are generally exempted from the rule of sequestration. LSA-C.E. Art. 615 A(3). However, Comment (e) to LSA-C.E. Art. 615 states, in pertinent part:

Ordinarily expert witnesses should not be sequestered except when failure to do so would be manifestly unfair to another party. Where an expert is primarily a fact witness and is not otherwise needed to assist counsel, and particularly where he is an employee of a party, it would be appropriate to exclude him from the courtroom while other witnesses are testifying.

In the instant case, the majority of defendants' physician witnesses would appear to fall under the exception to the general rule that expert witnesses are not subject to sequestration. A number of the witnesses were primarily fact witnesses, testifying to the treatment they provided Mr. Iseah. They were also clearly E.A. Conway employees. It would thus appear that the trial court should have ordered their sequestration. Although it is difficult to ascertain from the record which of the defendants' witnesses were actually present in the courtroom during any other witness's testimony, it does appear that certain *770 of defendants' witnesses may have been present in the courtroom prior to their own testimony.

A primary purpose underlying the rule of sequestration is to prevent the fact witnesses from being influenced by prior testimony. Hopkins v. Department of Highways, 350 So.2d 1271 (La.App. 3rd Cir. 1977). Accordingly, where an individual witness violates the rule of sequestration, such will be considered harmless error where there is no evidence that the violation of sequestration has altered or influenced that witness's testimony. Henderson v. Eastman Whipstock Pilot, Inc., 524 So.2d 850 (La.App. 3rd Cir.1988), writ denied, 525 So.2d 1049 (La.1988); Barnhill v. Continental Dredging Company, 522 So.2d 146 (La.App. 3rd Cir.1988), writ denied, 526 So.2d 795 (La.1988). The same rationale would appear applicable under the circumstances of the instant case, where the trial court erroneously exempted defendants' witnesses from the rule of sequestration.

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

Related

Kieffer v. Plunkett-Kuspa
138 So. 3d 682 (Louisiana Court of Appeal, 2014)
Cory v. Cory
989 So. 2d 855 (Louisiana Court of Appeal, 2008)
Herman v. St. Paul Insurance Co.
947 So. 2d 785 (Louisiana Court of Appeal, 2006)
Alicia Lester v. Dr. Robert Levy
Louisiana Court of Appeal, 2006
Cleveland Ex Rel. Cleveland v. United States
457 F.3d 397 (Fifth Circuit, 2006)
Jones v. Hernandez
880 So. 2d 245 (Louisiana Court of Appeal, 2004)
Wright v. HCA Health Services of Louisiana
877 So. 2d 211 (Louisiana Court of Appeal, 2004)
Campbell v. Hospital Service District No. 1
862 So. 2d 338 (Louisiana Court of Appeal, 2003)
Britt v. Taylor
852 So. 2d 1128 (Louisiana Court of Appeal, 2003)
Brown v. Eppinette
833 So. 2d 1268 (Louisiana Court of Appeal, 2002)
Lasyone v. Kansas City Southern RR
786 So. 2d 682 (Supreme Court of Louisiana, 2001)
Turner v. Stassi
759 So. 2d 299 (Louisiana Court of Appeal, 2000)
Corley v. STATE, DEPT. OF HEALTH & HOSP.
749 So. 2d 926 (Louisiana Court of Appeal, 1999)
Fluck v. Coffman
742 So. 2d 79 (Louisiana Court of Appeal, 1999)
Ortego v. Jurgelsky
732 So. 2d 683 (Louisiana Court of Appeal, 1999)
Ferrell v. Minden Family Care Center
704 So. 2d 969 (Louisiana Court of Appeal, 1997)
Marks v. Jones
705 So. 2d 262 (Louisiana Court of Appeal, 1997)
Elkins v. Key
702 So. 2d 57 (Louisiana Court of Appeal, 1997)
Simmons v. West
697 So. 2d 688 (Louisiana Court of Appeal, 1997)
Hughes v. Bailey
691 So. 2d 359 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
591 So. 2d 767, 1991 La. App. LEXIS 3278, 1991 WL 256252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iseah-v-ea-conway-memorial-hosp-lactapp-1991.