LeCroy v. Byrd Regional Hospital

56 So. 3d 1167, 10 La.App. 3 Cir. 904, 2011 La. App. LEXIS 136, 2011 WL 309573
CourtLouisiana Court of Appeal
DecidedFebruary 2, 2011
DocketNo. 10-904
StatusPublished
Cited by3 cases

This text of 56 So. 3d 1167 (LeCroy v. Byrd Regional Hospital) 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
LeCroy v. Byrd Regional Hospital, 56 So. 3d 1167, 10 La.App. 3 Cir. 904, 2011 La. App. LEXIS 136, 2011 WL 309573 (La. Ct. App. 2011).

Opinion

GENOVESE, Judge.

hln this medical malpractice case, Sharon LeCroy, individually and on behalf of the estate of Brandy Cook, appeals the trial court’s grant of summary judgment in favor of Defendants, Dr. Joseph W. Crook-shank, Jr. and National Healthcare of Leesville d/b/a Byrd Regional Hospital. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On July 28, 2005, Brandy Cook presented to the emergency department of Byrd Regional Hospital in Leesville, Louisiana, via ambulance with complaints of altered mental status and an increased respiratory rate. Ms. Cook was seen by Defendant, Dr. Joseph W. Crookshank, Jr., who contacted Ms. Cook’s treating physician, Defendant, Dr. Hussein A. Alammar; however, Dr. Alammar advised Dr. Crookshank that he was “unable to accept [Ms. Cook] any longer and [that] he had recommended that [she] go to a neurologist in Alexandria or Shreveport.” According to the Petition for Damages, “Dr. Crookshank suggested a psych evaluation, which was declined, and discharged [Ms. Cook] home.” The following morning, Ms. Cook was found unresponsive and was transported via ambulance back to Byrd Regional Hospital in cardiac arrest, where efforts to resuscitate her were unsuccessful and she expired. An autopsy was performed by Dr. Collie Trant, a forensic pathologist for the Lafayette Parish Coroner’s Office, whose report stated that the cause of Ms. Cook’s death was an “accident” caused by “[a]cute cital-opram [1] use[.]”

This matter was submitted to a medical review panel, and, on December 10, 2007, the medical review panel rendered an opinion wherein it unanimously found that the evidence did not support the conclusion that Dr. Crookshank and Byrd ^Regional Hospital failed to comply with the appropriate standard of care. The medical review panel’s written opinion specified, in pertinent part:

With respect to Dr. Crookshank, the panel finds that his treatment of the patient was proper in all respects. He attempted to get Dr. Alammar to come in to treat the patient, and he referred the patient for other consults. He also treated the potassium deficiency property-
With respect to [Byrd Regional Hospital], the panel finds that the nursing staff and hospital personnel property and timely followed all physician orders and directives. The patient was timely triaged each time[ ] and was monitored throughout the patient’s stays in the hospital.

Ms. LeCroy instituted this medical malpractice lawsuit on January 23, 2008, naming, among others, Dr. Crookshank and Byrd Regional Hospital as defendants. Dr. Crookshank and Byrd Regional Hospital each filed motions for summary judgment, asserting that Ms. LeCroy will be unable to sustain her burden of proving that they breached the appropriate standard of care owed to Ms. Cook because Ms. LeCroy offered no expert testimony as to the standard of care and offered no evidence as to whether said standard of care had been breached.

In her opposition to the motions filed by Dr. Crookshank and Byrd Regional Hospital, Ms. LeCroy offered the affidavit2 of [1170]*1170Dr. William Fann, a pharmacologist, in which he opined that Ms. Cook “died by suicide.” Dr. Fann further opined that “Dr. Crookshank’s failure to properly evaluate [Ms. Cook] for suicide potential, and Dr. Alammar’s refusal to continue treating her on her visit to [Byrd Regional Hospital] on [July 28, 2005], fell below standards and, within reasonable medical probability, caused her to suicide [sic].” Ms. LeCroy supplemented her opposition to the motions filed by Dr. Crookshank and Byrd Regional Hospital by offering a ^second affidavit3 from Dr. Fann, wherein his opinion had changed. This affidavit declared:

. I have been made aware of the following sequence of events:

A. Dr. Ghanta, in her sworn deposition of November 6, 2009, testified that she discontinued the prescription of citalopram (Celexa), a serotonin re-uptake inhibitor (SSRI), over a year before [Ms.] Cook’s death.
B. Dr. Ghanta instituted a prescription for escitalopram (Lexapro), which is also an SSRI and an enantomer [sic] of citalopram, in the year before [Ms.] Cook’s death in July 2005.
C. On July 5, 2005, Diflucan was added to [Ms.] Cook’s prescription medication regimen for the treatment of her severe candidiasis esophagitis. Diflucan inhibits the metabolism of escitalopram and thereby raises its blood level.
[]
The combination of prescriptions for Lexapro and Diflucan, under these circumstances, within reasonable medical probability, caused the elevated citalo-pram levels discovered at autopsy and listed as the cause of Ms. Cook’s death.
[]
Dr. Alammar, who prescribed the Diflucan, should have been aware of the known contraindications for its use under these circumstances and should have given cognizance to this known interaction of Diflucan and Lexapro.

A hearing was held on November 9, 2009. After taking the matter under advisement and allowing the parties to submit post-trial memoranda, the trial court issued Written Reasons on January 14, 2010, granting the motions for summary judgment filed by Dr. Crookshank and Byrd Regional Hospital. The trial court signed its Judgment on April 6, 2010. Ms. LeCroy has appealed.

|4LAW AND ANALYSIS

Assignment of Error

In her sole assignment of error, Ms. LeCroy alleges that “[s]ummary judgments in favor of [Dr.] Crookshank and Byrd Regional Hospital were inappropriate due to pending discovery requests] and allegations of fault among the health care providers.”

Standard of Review

Our Louisiana Supreme Court has instructed us on the standard of review relative to a motion for summary judgment as follows:

A motion for summary judgment is a procedural device used when there is no genuine issue of material fact for all or part of the relief prayed for by a litigant. Duncan v. U.S.A.A. Ins. Co., [06-363 (La.11/29/06) ], 950 So.2d 544, [see La.Code Civ.P.] art. 966. A summary judgment is reviewed on appeal de novo, with the appellate court using the same criteria that govern the trial court’s determination of whether summary judg[1171]*1171ment is appropriate; i.e. whether there is any genuine issue of material fact, and whether the movant is entitled to judgment as a matter of law. Wright v. Louisiana Power & Light, [06-1181 (La.3/9/07) ], 951 So.2d 1058[ ]; King v. Parish National Bank, [04-337 (La.10/19/04) ], 885 So.2d 540, 545; Jones v. Estate of Santiago, [03-1424 (La.4/14/04) ], 870 So.2d 1002[.]

Samaha v. Rau, 07-1726, pp. 3-4 (La.2/26/08), 977 So.2d 880, 882-83 (footnote omitted). Louisiana Code of Civil Procedure Article 966(C)(2) provides:

The burden of proof remains with the movant.

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Bluebook (online)
56 So. 3d 1167, 10 La.App. 3 Cir. 904, 2011 La. App. LEXIS 136, 2011 WL 309573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lecroy-v-byrd-regional-hospital-lactapp-2011.