Johnston v. St. Francis Medical Center, Inc.

799 So. 2d 671, 2001 La. App. LEXIS 2423, 2001 WL 1335993
CourtLouisiana Court of Appeal
DecidedOctober 31, 2001
Docket35,236-CA
StatusPublished
Cited by6 cases

This text of 799 So. 2d 671 (Johnston v. St. Francis Medical Center, Inc.) 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
Johnston v. St. Francis Medical Center, Inc., 799 So. 2d 671, 2001 La. App. LEXIS 2423, 2001 WL 1335993 (La. Ct. App. 2001).

Opinion

799 So.2d 671 (2001)

Nellie Geneva Jinks JOHNSTON, et al., Plaintiffs-Appellants,
v.
ST. FRANCIS MEDICAL CENTER, INC., et al., Defendants-Appellees.

No. 35,236-CA.

Court of Appeal of Louisiana, Second Circuit.

October 31, 2001.

*672 Boggs & Thompson by A. Michael Boggs, Bossier City, Counsel for Appellants.

Onebane, Bernard, Torian, Diaz, McNamara & Abell by William E. Bourgeois, Monroe, Counsel for Appellee, Dr. Joel Eldridge.

Crawford & Anzelmo by Donald J. Anzelmo, Monroe, Counsel for Appellee, Dr. John Price.

Before STEWART, PEATROSS and KOSTELKA, JJ.

STEWART, J.

In this medical malpractice action, the jury found in favor of the defendants, Dr. John Price and Dr. Joel Eldridge. Accordingly, the trial court rendered a judgment dismissing the claims of the plaintiffs, the wife and children of the deceased, Emmette Johnston. The plaintiffs now appeal. For the reasons set forth below, we affirm.

FACTS

Emmette Johnston, a 79 year old male, presented to the emergency room of Union *673 General Hospital ("Union General") in Farmerville, Louisiana, during the early evening of July 30, 1996, with complaints of right lower quadrant abdominal pain. He was examined by Dr. Paul Malabanan, who diagnosed "acute abdomen" and suspected the possibility of appendicitis. Malabanan's examination revealed symptoms of tenderness in the right lower quadrant of the abdomen, rebound tenderness in the same area, a positive psoas sign, and sluggish bowel sounds. The records of Union General note that Johnston was passing a lot of flatulence with a very foul odor. Abdominal x-rays were taken. Johnston's blood pressure at the time of his discharge from Union General was 121/74.

Johnston was transferred by ambulance to St. Francis Medical Center ("St.Francis") in Monroe where he was to be under the care of Dr. John Price, a general surgeon. While en route to St. Francis, Johnston's blood pressure ranged from 120/74 to 122/70. The records from Union General, including the x-rays and lab results, were transferred with Johnston to St. Francis.

Upon his arrival at St. Francis, Johnston was examined in the emergency room by Dr. Eldridge at the request of Dr. Price. The patient history taken by Dr. Eldridge notes that Johnston's symptoms began during the afternoon and that he experienced some vomiting and diarrhea. The physical examination established a blood pressure of 92/60. Johnston's abdomen was soft and mildly distended. Mild tenderness was noted in the right lower quadrant and right upper quadrant. The abdomen was also "mildly tympanic to percussion." There were scattered bowel sounds. The patient was found to be in no acute distress. Lab work taken at Union General was reviewed, and additional lab work was performed. An elevated level of amylase, a pancreatic enzyme, was noted. Dr. Eldridge's impression was that Johnston was experiencing abdominal pain with nausea, vomiting, and diarrhea by history. After Dr. Eldridge reported this information to Dr. Price, Johnston was admitted to a room. The report compiled by Dr. Eldridge does not mention his review of the abdominal x-ray from Union General. However, Dr. Eldridge's trial testimony establishes that he did review the x-ray, but noted nothing abnormal. Johnston remained in Dr. Eldridge's care for over three hours, during which time his condition remained stable. Additional lab work was performed at 3:45 a.m. that night.

At approximately 7:00 a.m. the next morning, Dr. Price examined Johnston. His history notes that Johnston had an acute onset of right-sided abdominal pain, followed by nausea and frequent diarrhea, and that cramping abdominal pain had continued since that time. The physical examination established a blood pressure of 140/70. Dr. Price noted that Johnston appeared to be in "mild distress" and to have a "washed out appearance." Johnston's abdomen was soft with tenderness in the right lower quadrant and the epigastrium. Active bowel sounds were noted to be present. Laboratory tests appeared normal except for elevated BUN, creatinine, and amylase levels. Dr. Price's impression was that the symptoms and lab studies presented an "unclear picture." His differential diagnosis included appendicitis, pancreatitis, ischemic bowel, viral or bacterial gastroenteritis, or diverticulitis. He ordered a gallbladder ultrasound, a CAT scan of the abdomen, and a stool culture. His orders further indicated that he would consult a gastroenterologist for a possible colonoscopy or other diagnostic studies as might be indicated. Following his examination of Johnston, Dr. Price left St. Francis to perform surgery at another hospital.

*674 During the morning, Johnston's condition worsened. At 8:00 a.m., Diane Davis, a registered nurse, noted Johnston's blood pressure to be 106/65. His abdomen was tender, and there were no bowel sounds. His IV had become dislodged and attempts to restart it throughout the morning were unsuccessful. By 10:30 a.m., Johnston's blood pressure was down to 81/44, and he was exhibiting "shocky symptoms." Efforts to page Dr. Price began. During the next half-hour, Johnston's blood pressure fluctuated, with recorded readings of 85/52, 115/61, and 92/56. Once Dr. Price learned of Johnston's condition, he ordered him transferred to ICU. He also ordered placement of a central IV line. This transfer was accomplished by 11:15 a.m.

Dr. Ronald Hammett treated Johnston upon his transfer to ICU. As per his report, he found Johnston to be "in severe abdominal pain, hypotensive, and somewhat tachycardiac." Blood pressure was 90/100. Dr. Hammett's physical examination of Johnston revealed a distended abdomen that was markedly tender in the right lower quadrant and right flank areas. The was also definite fullness in the right side of the abdomen. Bowel sounds were diminished. BUN and creatinine levels were elevated. Dr. Hammett reviewed the x-rays taken the night before and noted the possible presence of an abdominal aortic aneurysm. Dr. Hammett's impression was that Johnston was experiencing a "dissecting abdominal aortic aneurysm." This impression was based on the acute onset of Johnston's symptoms, his hypotensive condition, and the elevated BUN and creatinine levels which were suggestive of intravascular volume depletion process. Dr. Hammett placed a central IV line, as per Dr. Price's orders. At 12:05 p.m., Johnston coded and resuscitation efforts began.

Resuscitation efforts continued for almost an hour before a pulse was obtained. In the meantime, Dr. Price had arrived at the hospital. Johnston was taken to the operating room to undergo an exploratory abdominal surgery. He was found to have a ruptured abdominal aortic aneurysm. While surgical repair of the ruptured aneurysm was underway, Johnston died on the operating table.

Johnston's family, his wife and three children, filed suit against St. Francis, Dr. Price, and Dr. Eldridge after the medical review panel rendered a decision finding no failure on the part of the defendants to meet the standard of care. The matter proceeded to a jury trial of the plaintiffs' claims against Dr. Eldridge and Dr. Price. The plaintiffs alleged that these defendants were negligent in their failure to diagnose the abdominal aortic aneurysm, which was visible on the x-ray taken at Union General and which was indicated by the symptoms and lab results. After listening to the testimony of a number of experts, including the defendants, the jury resolved the matter in favor of the defendants.

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799 So. 2d 671, 2001 La. App. LEXIS 2423, 2001 WL 1335993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-st-francis-medical-center-inc-lactapp-2001.