Jose Ignacio Mendez-Martinez, M. D. v. Andres G. Carmona, Individually, on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Rosario M. Carmona

510 S.W.3d 600, 2016 WL 1613422, 2016 Tex. App. LEXIS 4243
Court of Appeals of Texas·Decided April 22, 2016·No. 08-15-00265-CV·Published·Cited by 9 cases

Opinion

OPINION

YVONNE T. RODRIGUEZ, Justice

Six days after being admitted to Sierra Providence Hospital in El Paso with atrial fibrillation, Rosario Carmona died of cardiac arrest. Her husband Andres sued the Hospital, attending physician Dr. Jose Ignacio Mendez-Martinez, and Dr. Mendez-Martinez’s practice group Cardiology Care Consultants for medical malpractice, alleging among other things that Dr. Mendez-Martinez’s failure to transfer Carmona from the' Hospital’s general wing to the intensive care unit for more frequent nursing care and monitoring resulted in the missing of certain medical warning signs that could have altered the course of her treatment and prevented her death.

As required by the Texas Medical Liability Act, Andres Carmona submitted an expert report from Dr. Louis Roddy certifying that this case was not frivolous. The parties agreed that Dr. Roddy’s initial report did not meet the Act’s formal requirements, and the trial court granted leave to supplement. Upon receipt of the second report, the trial judge decided that Dr. Roddy’s supplementation was detailed enough to sufficiently appraise him that the case against the healthcare providers was not wholly frivolous and should move into the discovery phase.

Only Dr. Mendez-Martinez appealed that decision. By two issues, he asks this Court to reject Dr. Roddy’s report and dismiss this case with prejudice, contending that the report was too vague and conclusory to allow the trial court to conclude that this case should move forward.

We will affirm.

BACKGROUND

On November 9, 2012, after filing suit, Andres Carmona filed Dr. Roddy’s expert report. Per his report, Dr. Roddy understood the facts to be as follows: Rosario Carmona arrived at Sierra Medical Center on May 1, 2010, complaining of shortness of breath, productive cough, lower back pain, and generalized weakness. She was diagnosed with atrial fibrillation, a left bundle branch block, bronchitis, asthma, chronic obstructive pulmonary disease, possible deep vein thrombosis, prerenal azotemia, hyperlipidemia, hypertension, anemia, and osteoporosis.

On May 7, 2010, at 8 p.m., a floor nurse in the Hospital’s general wing noticed that Carmona’s heart rate was over 100 beats per minute. The nurse informed Dr. Mendez-Martinez, who ordered treatment with Cardizem. At 10 p.m., the nurse administered 30 milligrams of Cardizem. At 10:30 p.m., Carmona’s heart rate was still over *603 100. Dr. Mendez-Martinez ordered the nurse to administer a Cardizem drip at a rate of five milligrams per hour. The Car-dizem drip began at 11 p.m. Between 8 p.m. and midnight, Carmona’s blood pressure was recorded at 131/97. At 12:01 a.m. on May 8, the nurse noted that Car-mona’s pulse was still over 100 and that she had a rapid ventricular rate. At 2:10 a.m., Carmona’s heart rate was still in the 100’s.

At 4 a.m., the nurse noted that Carmo-na’s pulse was in the 80’s and 90’s, and her blood pressure had dropped to 98/55. At 4:30 a.m., Carmona’s nurse found her with a heart rate in the 40’s. The nurse discontinued the Cardizem drip without notifying Dr. Mendez-Martinez, and Carmona’s heart rate returned to the 80’s and 90’s range. At 5 a.m., Carmona’s heart rate returned to the 100’s range. At 7:14 a.m., following a gap in the medical records, Carmona was found without a pulse, and staff initiated CPR. At 7:40 a.m., resuscitation efforts ceased and Carmona was pronounced dead.

In his initial report, Dr. Roddy made the following findings:

20. The patient’s atrial fibrillation with rapid ventricular response and left sided bundle branch block placed the patient at risk for death due to cardiac arrest, which Dr. Mendez-Martinez and the hospital nurse knew or should have known.
21. When the patient’s heart rate increased to over 100 at 8:00 PM on May 7, the standard of care included the following:
a. that the physician, Dr. Mendez-Martinez, transfer the patient to an ICU for more frequent monitoring including vital signs, blood gases, and neurological status;
b. that the nurse assess the patient’s vital signs and saturations at least every 30 minutes and document the findings, and
c.that the physician be at the bedside to attend the needs of a patient with an acute change in clinical status.
22.The breach of the standard of care included the following:
a. the physician, Dr. Mendez-Martinez, failed to transfer the patient to an ICU for more frequent monitoring including vital signs, blood gases, and neurological status;
b. the nurse failed to assess the patient’s vital signs and saturations at least every 30 minutes and document the findings, and
c. the physician, Dr. Mendez-Martinez, failed to be at the bedside to attend the needs of a patient with an acute change in clinical status.

The report also stated that when the patient developed bradycardia and her heart rate dropped down into the 40’s, the nursing standard of care required the floor nurse to notify the physician of acute change of clinical status and assess the patient’s vital signs at least every thirty minutes and document the findings. Dr. Roddy concluded his report by stating:

25. Had the standard of care been followed, the patient would have received treatment for rhythm control (amiodar-one, sotalol, or dofetilide), or rate control (with beta blockers), which would have, more likely than not, prevented hemody-namic instability, and prevented the severe bradycardia, the cardiac arrest and death.
26. The failure to adhere to standards of care as applied to this patient did, to a reasonable medical probability, result in respiratory depression, cardiac arrest and death, which—in the absence of such failure of adherence to medical *604 standards—would have not have occurred.

Dr. Mendez-Martinez objected to the report, arguing that it was conclusory as to causation. The trial court then entered an agreed order sustaining the objection as to causation and providing Carmona with thirty days to cure the deficiencies. Car-mona then timely filed a supplement from Dr. Roddy “explaining how Dr. Mendez-Martinez’s breach of the standard of care was a substantial cause of the patient’s cardiac arrest.” Dr. Roddy opined that “had Dr. Mendez-Martinez transferred Mrs. Carmona to ICU for more frequent monitoring including vital signs, blood gases, and neurological status, the ICU nursing staff, more likely than not, would have noted a significant change of these values and recognized that these may be signs of hemodynamic instability (oxygen deprivation). Such signs would have been immediately reported to the physician.” Dr. Roddy further stated:

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Jose Ignacio Mendez-Martinez, M. D. v. Andres G. Carmona, Individually, on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Rosario M. Carmona, 510 S.W.3d 600, 2016 WL 1613422, 2016 Tex. App. LEXIS 4243 (Tex. Ct. App. 2016).

510 S.W.3d 600 (Jose Ignacio Mendez-Martinez, M. D. v. Andres G. Carmona, Individually, on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Rosario M. Carmona) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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