Kapacs v. Martin

81 Pa. D. & C.4th 509
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedJune 6, 2006
Docketno. 04 CV 5151
StatusPublished

This text of 81 Pa. D. & C.4th 509 (Kapacs v. Martin) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kapacs v. Martin, 81 Pa. D. & C.4th 509 (Pa. Super. Ct. 2006).

Opinion

MINORA, J,

I. INTRODUCTION

Before the court are several sets of preliminary objections submitted by the defendants herein to the plaintiffs’ amended complaint filed August 25,2005. The court has heard oral arguments of counsel and reviewed the parties’ written objections, responses, and briefs rendering this matter appropriate for disposition. The underlying circumstances of this matter are briefly presented below.

II. STATEMENT OFTHE CASE

The plaintiffs, John K. Kapacs, administrator of the estate of Donna M. Kapacs, decedent, and John K. Kapacs, individually, Dawn Marie Schuster and Tracy Kapacs initiated this action by complaint filed on December 3,2004. John K. Kapacs is the decedent’s surviving spouse, while Dawn Marie Schuster and Tracy Kapacs are the decedent’s surviving children. All defendants filed preliminary objections to the plaintiffs’ complaint. By order of this court rendered by Judge Corbett dated, [511]*511July 12, 2005, the preliminary objections of defendants were granted in the form of a motion to strike, or in the alternative, a more specific pleading. The court permitted the plaintiffs to file an amended complaint within 45 days of said order to address with specificity the averments contested. The order further granted the defendants’ Geisinger Clinic, Geisinger Health System Foundation and Great Valley Cardiology Associates demurrers to corporate negligence claim. (See memorandum 04 CIV 5151 C.C.P. Lacka. Cty. (Judge Corbett, July 12,2005).) The remaining preliminary objections were denied. As a response to the court’s order, the plaintiffs filed their amended complaint on August 25, 2005, which is the basis of all the defendants’ preliminary objections to the amended complaint which are presently before the court herein. The factual allegations of the plaintiffs’ amended complaint are summarized as follows:

In January of 2002, the deceased, Donna Kapacs, underwent a mitral valvuloplasty in Philadelphia at the University of Pennsylvania performed by Dr. Howard Herman. (See plaintiffs’ amended complaint ¶28.) Donna Kapacs is reported to have recovered well following the procedure. (Id. at ¶29.)

On November 6, 2002, the decedent arrived at the Moses Taylor Hospital Emergency Room complaining of shortness of breath and cough. (Id. at ¶30.) After an EKG, she was diagnosed with hypoxemia, was treated and discharged (bronchitis). (Id.) Again on November 29,2002, Donna Kapacs experienced shortness of breath, phlegm and coughing. She was transported to the Moses Taylor Hospital by ambulance and arrived approximately 10:15 p.m. (Id. at ¶34.) It is reported that she showed no improvement to her bronchitis condition. (Id. [512]*512at ¶35.) A physical exam was performed, tests were administered, and an x-ray and EKG were taken. (Id. at ¶¶37-40.) The attending physician concluded that Donna Kapacs was suffering from hypoxemia and respiratory distress and she was treated for the same. (Id. at ¶¶41, 42.) Dr. Richard Martin was called November 30,2002 at 1:30 a.m. and ordered that Kapacs be admitted to the Moses Taylor Hospital as a result of her respiratory condition. She was admitted that morning at 3:15 a.m. As alleged in the amended complaint, Donna Kapacs remained an inpatient at the Moses Taylor Hospital from November 30,2002 through December 3,2002. Further alleged, during this period Kapacs was monitored and treated by the agents and employees of the Moses Taylor Hospital, Moses Taylor Health Care System, and Great Valley Cardiology with all progressions and changes noted. On the morning of December 3,2002, Dr. Martin made an assessment of the decedent’s condition finding COPD (chronic obstructive pulmonary disease) and myocardial infarction. (Id. a^98.) On December 3,2002, Kapacs was transferred to Mercy Hospital in Scranton for a cardiac catheterization procedure. (Id. at ¶99.) After the procedure was performed Kapacs was transported back to the Moses Taylor Hospital by ambulance that afternoon. (Id. at ¶107.)

On the evening of December 3, 2002, Kapacs began to experience pain which continued through December 4, 2002. (Id. at ¶¶110-18.) An un-timed note made on December 4 by Dr. Martin stated that Kapacs had valvular heart disease and single vessel coronary artery disease. (Id. at ¶124.) The progression notes indicated that her condition was stable at midnight December 5, 2002. (Id. at^25.) During the morning hours of Decern[513]*513ber 5, 2002, Kapacs was administered her medications and her progression notes made by Dr. Martin recorded her condition as stable. (Id. at ¶141.) In the following hours leading into December 6,2002, Kapacs’ condition worsened as she was experiencing pain, discomfort, nausea and vomiting and she exhibited changes in her blood chemistry. (Id. at ¶¶144-62.) Kapacs continued to suffer back pain and pain at the groin site. (Id. at ¶ 172.) Neither Dr. Martin nor Dr. Roe were present during this time, yet both were contacted by phone in regard to Kapacs’ increased pain. (Id. at ¶¶175, 176.) Martin arrived at the hospital at 12:50 p.m. on December 6,2002, at which point he ordered a CT scan of the abdomen, pelvis and head to be performed and the reports completed that morning. (Id. at ¶¶181,184,187.) The results of the CT scan suggested a retroperitoneal hemorrhage. (Id. at^l88,189.) Notes were made by Dr. Paul Leiman from the abdominal and pelvic CTs indicative of retro-peritoneal hemorrhage. (Id. at ¶191.) At approximately 4:30 p.m. tests were ordered by Dr. Roe to be performed and labs taken, which were not drawn until 6:15 p.m. (Id. at ¶¶197, 206.) At 6:20 p.m. Kapacs went into cardiac arrest with no pulse and displayed signs of apnea/ apneic. (Id. at ¶210.) Kapacs’ family was present in the room during this time and Tracy Kapacs initiated her mother’s resuscitation. (Id. at ¶210.) As described in the amended complaint, Kapacs was administered CPR and resuscitation from 6:33 p.m. to 7 p.m. when she flat-lined and efforts were terminated and Donna Kapacs was pronounced dead. (Id. at ¶¶213-15.) An autopsy was performed by John J. Shane M.D. after the body was exhumed. Dr. Shane is reported to have determined that Donna Kapacs died as a result of massive retroperito[514]*514neal hemorrhage secondary to an iatrogenic aortic perforation during cardiac catheterization. (Id. a^224.) The plaintiffs assert that the death was preventable had the defendants responded to the deceased’s symptoms and treated her condition properly. (Id. at ¶¶225-26.)

The plaintiffs filed their amended complaint to this action on August 25,2005 which contains allegations of medical negligence of all defendants, wrongful death, and survival action asserted against all defendants and a count of negligent infliction of emotional distress declared against all defendants. In total, the amended complaint is comprised of 95 pages, including separate paragraphs, of allegations against the defendants.

The first count is alleged in negligence against defendant, Richard A. Martin M.D., individually and as the agent of the Moses Taylor Hospital, Moses Taylor Health Care System, Geisinger Clinic, and Geisinger Health System Foundation. (See ¶233 of plaintiffs’ amended complaint.) Paragraph 233 and subparagraphs (a) through (ooo) are alleged against defendant Richard Martin M.D.

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Bluebook (online)
81 Pa. D. & C.4th 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kapacs-v-martin-pactcompllackaw-2006.