Lasley v. Georgetown University

688 A.2d 1381, 1997 D.C. App. LEXIS 18, 1997 WL 57128
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 6, 1997
Docket95-SP-1341
StatusPublished
Cited by33 cases

This text of 688 A.2d 1381 (Lasley v. Georgetown University) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lasley v. Georgetown University, 688 A.2d 1381, 1997 D.C. App. LEXIS 18, 1997 WL 57128 (D.C. 1997).

Opinions

GALLAGHER, Senior Judge:

In this case we answer a certified question of law from the United States Court of Appeals for the District of Columbia Circuit. The issue is whether the plaintiff must present medical opinion testimony on causation to establish a prima facie case of negligence. The Circuit Court of Appeals has certified this question of law in accordance with the District of Columbia certification statute. D.C.Code § 11-723 (1995). See generally Penn Mut. Life Ins. Co. v. Abramson, 530 A.2d 1202, 1205-08 (D.C.1987) (describing our statutory scheme for certification of questions of law). This statute authorizes the Circuit Court of Appeals to certify questions of local law to this court when, in that court’s estimation, we have no controlling precedent determinative of the pending cause. D.C.Code § ll-723(a). Although the plaintifiyapp ellant filed his complaint in the United States District Court for the District of Columbia, our local law must provide the rule of decision for this appeal because the claim itself arises under the District of Columbia’s law of negligence. See generally Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) (holding fed[1382]*1382eral courts must apply local law to nonfederal actions).

The Circuit Court of Appeals certified the following question of law:

Must a medical malpractice plaintiff, in order to have his claim presented to a jury, present medical opinion testimony on the issue of causation (whether, to a reasonable degree of medical certainty, it is more probable than not that the procedure was a substantial factor in causing the injury), where (1) the injury occurred during the medical procedure itself, (2) the evidence establishes that the resulting injury is a recognized risk of such a procedure, and (3) the evidence establishes that there is some risk, in this case less than a five-percent-per-year chance, that the injury would occur spontaneously in the absence of the procedure?

Certification of Question of Law, No. 94-7168 (D.C.Cir. Sept. 29, 1995) (emphasis in original). We hold that the plaintiff in this medically complex case must establish causation with medical opinion testimony.

I. Factual and Procedural History

This case involves both a complex medical condition and a complicated medical treatment. Appellant Michael A. Lasley first visited his physician, Dr. Ronald Wheeler, when he experienced frequent intense headaches, numbness and tingling on his body’s right side, and impaired vision in his right eye. A CAT scan revealed the presence of a congenital arteriovenous malformation (AVM) approximately four centimeters in size adjacent to the anterior left lobe of Lasley’s brain. An AVM is an abnormal tangle of fragile blood vessels. These vessels substantially disturb cerebral blood flow. After exiting large cerebral arteries, blood normally travels to small veins. An AVM, however, diverts the blood leaving the brain. The accumulation of the diverted blood inside the AVM is dangerous because the AVM’s fragile vessels can easily rupture, causing severe hemorrhaging. Cerebral hemorrhaging in turn causes brain damage that can be fatal.

Upon discovering the AVM, Dr. Wheeler referred Lasley to Dr. Anthony J. Caputy, a Georgetown University Hospital neurosurgeon. Dr. Caputy confirmed the existence of the AVM by inspecting an angiograph of Lasley’s brain. He also learned that several branches of Lasley’s middle and anterior cerebral arteries fed blood into the AVM. Dr. Caputy further referred Lasley to Dr. Alfred J. Luessenhop, the chief of neurosurgery at the hospital. On June 15,1989, Dr. Luessen-hop met with Lasley to discuss treatment options for his AVM. On June 20, 1989, Dr. John P. Deveikis, the head neuroradiologist, also met with Lasley to discuss treatment. Lasley decided to go forward with a particular treatment, and Lasley, who was eighteen years old, and his mother both signed a consent form authorizing Dr. Deveikis to perform the procedure despite the acknowledged risks. Lasley alleges that neither Dr. Luessenhop nor Dr. Deveikis adequately explained the risks of the procedure. Therefore, although he admits consenting to the procedure, Lasley claims his consent was uninformed.

Dr. Deveikis treated Lasley’s AVM by em-bolizing it. In an embolization procedure, a catheter is placed into the carotid artery of the neck. A second catheter is then introduced via the first into the feeder artery that diverts blood leaving the brain into the fragile AVM vessels. An emboli (chemical mixture) is then inserted into the feeder artery via the catheters. Once inside, the emboli occludes (obstructs) the blood supply from the feeder artery to the AVM, facilitating subsequent surgical removal of the tangled AVM vessels. The procedure may be repeated for each of the discrete feeder arteries carrying blood into the AVM. While the procedure is preoperative and was performed in an angiogram suite rather than an operating room, it is nonetheless an invasive procedure akin to surgical operation.

The principal risk of the embolization procedure is identical to that of the AVM condition itself. Both the AVM condition and the embolization procedure pose a danger of vessel rupturing and hemorrhaging. Dr. De-veikis testified that “the risk of the AVMs is that it could bleed, and if you do nothing, you have that risk.” According to the various treating doctors, the probability of a natural AVM rupture and hemorrhage is approxi[1383]*1383mately three to five percent per year for anyone with an AVM. Dr. Deveikis testified that Lasley himself presented “a higher risk for hemorrhage.” An embolization treatment of an AVM is dangerous for the same reason. As Dr. Deveikis stated, “Anytime you do anything to an AVM, there’s a possibility it could cause the fragile vessels to burst, and that could cause bleeding, and the bleeding could cause damage to the brain.... That’s the major fear of doing anything to the AVM, and it’s also kind of ironic that that’s the thing we are trying to prevent.” The evidence does not precisely indicate the severity of the risk that the embolization procedure itself might cause the AVM to rupture and hemorrhage. The record, therefore, fails to reveal the comparative risk Lasley purportedly faced between the AVM condition and the embolization treatment.

When Dr. Deveikis embolized Lasley’s second artery feeder, this risk materialized. The artery feeder ruptured and hemorrhaged, causing a severe intracerebral hema-toma (blood clot). Lasley was immediately taken to the operating room, where Dr. Luessenhop performed emergency surgery, saving Lasley’s life. Dr. Luessenhop successfully removed both the hematoma and the AVM. Lasley did, however, sustain injuries, including aphasia (speech difficulty) and right-sided hemiparesis (body weakness).

Lasley filed a negligence claim under District of Columbia law in the United States District Court for the District of Columbia. In his complaint, Lasley premised his claim on the negligent failure of Drs. Luessenhop and Deveikis to obtain Lasley’s informed consent. Lasley, however, did not claim that Dr. Deveikis was negligent while performing the procedure.

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Cite This Page — Counsel Stack

Bluebook (online)
688 A.2d 1381, 1997 D.C. App. LEXIS 18, 1997 WL 57128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasley-v-georgetown-university-dc-1997.