Lewis v. St. Frances Cabrini Hospital

556 So. 2d 970, 1990 La. App. LEXIS 212, 1990 WL 9701
CourtLouisiana Court of Appeal
DecidedFebruary 7, 1990
DocketNo. 88-1017
StatusPublished
Cited by1 cases

This text of 556 So. 2d 970 (Lewis v. St. Frances Cabrini 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
Lewis v. St. Frances Cabrini Hospital, 556 So. 2d 970, 1990 La. App. LEXIS 212, 1990 WL 9701 (La. Ct. App. 1990).

Opinion

KNOLL, Judge.

St. Frances Cabrini Hospital (hereafter Cabrini) appeals a jury’s quantum award of $60,000 to Connie S. Lewis for damages he received while a patient at Cabrini when he accidentally sipped bleach with his noon meal. Cabrini does not contest liability; it contends that the jury’s $55,000 general damage award ($20,000 for physical pain and suffering, and $35,000 for mental pain and suffering) was excessive, and that the record does not support a special damage award of $5,000 for medical expenses. We amend, finding the damage award excessive.

In the assessment of damages in cases of offenses and quasi offenses, much discretion must be left to the judge or jury. LSA-C.C. Art. 2324.1. A finding of abuse must be based on the facts in the record. Reck v. Stevens, 373 So.2d 498 (La.1979). If we determine that the award should be lowered, we can only lower the award to the highest point which would have been within the trial court’s discretion. Bergeron v. Houma Hosp. Corp., 514 So.2d 1192 (La.App. 1st Cir.1987), writ denied, 517 So.2d 812 (La.1988).

On July 10, 1985, Lewis was hospitalized at Cabrini for treatment of back problems related to a worker’s compensation claim. Cabrini admitted that Lewis consumed a sip of bleach on July 10 from a plastic cup inadvertently placed on his meal tray; the cup was supposed to contain white wine for Lewis to have with his lunch.

Lewis testified that while eating his lunch, he reached for the cold cup, and took the swallow. He testified that he immediately felt his mouth and throat burning and he could not draw another breath. He told the jury that he crawled out of bed and made his way on his hands and knees to the bathroom where he began to repeatedly beat his chest to force himself to vomit so that he could breathe. In the bathroom, he vomited twice and started breathing again.

Lewis then enlisted the help of cleaning personnel working in the hallway and asked them to get him help. Nursing personnel then came to Lewis’ aid. After making a preliminary determination that the substance was bleach, the hospital contacted the Louisiana Poison Control Center for a recommended course of action. Acting on the poison control center’s advice, the nurses gave Lewis several glasses of water to drink. Lewis then spit up again.

Cabrini’s emergency room doctor was summoned, and Dr. David Carlton, Lewis’ treating physician, was notified. Cabrini’s administrative office also advised Lewis that the hospital would provide medical care for any treatment associated with his ingestion of bleach. Cortisone and an antibiotic were administered to Lewis, and his condition was monitored by the hospital staff through the rest of the day. Dr. Carlton also examined Lewis that night. Fie found nothing of significance, but asked Dr. James Pate, an ear, nose and throat specialist, to examine Lewis the next day. In addition, because Dr. Carlton found several loose teeth in Lewis’ mouth, he asked Dr. Marks, an oral surgeon, to perform an examination the following day.

On the following day, July 11, Dr. Pate examined Lewis at the request of Dr. Carlton. Dr. Pate’s examination revealed no abnormalities. Because of his negative findings, he cancelled a more detailed examination of the esophagus which had been scheduled. Dr. John Luke, a partner of Dr. Carlton, also examined Lewis that day. Dr. Luke testified that he found no signs of any real irritation or damage to Lewis’ oral cavity. As per Dr. Carlton’s request, Dr. Marks attempted to examine Lewis’ mouth, but Lewis became obstinate when Dr. Marks indicated that he could not associate [972]*972the loose teeth with the bleach ingestion, and the examination was terminated. Upon Lewis’ insistence, he was discharged from Cabrini that same day.

On the day of his discharge from Cabrini, Lewis consulted Dr. Warren J. Stassi, an otolaryngologist in Monroe. Lewis did not tell Dr. Stassi that he was advised that he ingested bleach or that this ingestion occurred in a hospital. Dr. Stassi did not observe anything abnormal about Lewis’ oral cavity; however, to rule out damage to the upper third of the esophagus which may have been caused by a lye burn, he recommended an esophagoscopy. Not wishing to be hospitalized in Monroe, Lewis returned to the Alexandria area with a note from Dr. Stassi stating his medical recommendations.

The next day Lewis returned to Cabrini because during the night his tongue was swollen and he had trouble breathing. Upon readmission, Lewis would not divulge Dr. Stassi’s name either to the nursing staff or Dr. Luke. Lewis only told them that a specialist had examined him and said that he was severely burned and he needed immediate hospitalization. At the time of readmission, Lewis complained of discomfort in the tongue and upper throat as well as upper epigastric discomfort. Dr. Luke’s physical examination showed only very mild redness in the oral cavity. Lewis’ medical condition was checked for several days, but no esophagoscopy was done. Lewis then was discharged.

A quick succession of doctors, all selected by Lewis, then followed shortly after Lewis’ discharge: Dr. Jonathan Forester, a general practitioner in Pineville; then Dr. Arturo Cid, a gastroenterologist, who did an esophagoscopy; and then Dr. Forester referred Lewis to Dr. Smith, an ear, nose, and throat specialist in Baton Rouge. None of these doctors testified at trial. Nevertheless, Mrs. Lewis testified that her husband told her that Dr. Cid had determined that he had a hiatal hernia. Lewis’ only testimony about Dr. Smith’s findings was that on the first examination he found scar tissue in the throat, and that on the second visit, Dr. Smith told him that there was no scar tissue present.

Finally, Lewis consulted Dr. Chesley Hines, Jr., an otolaryngologist at Ochsner Hospital in New Orleans, on February 5, 1986. Dr. Hines performed an esophago-scopic examination and found that Lewis suffered from esophagitis or inflammation at the lower end of his esophagus, but that there was no narrowing of the esophagus. He also found a hiatal hernia. Dr. Hines prescribed Reglan, a drug which helps the esophagus empty itself, and Tagamet, an antacid, to aid Lewis. Dr. Hines next saw Lewis in April 1986. At that second visit, Lewis told Dr. Hines that he no longer suffered heartburn and that his trouble with swallowing seemed to have resolved itself. An esophagram, an x-ray procedure, performed at this visit revealed no narrowing of the esophagus. Lewis was next treated by Dr. Hines on October 29, 1986. At that visit, Lewis again stated that he no longer had heartburn, but that he did have difficulty swallowing. Dr. Hines did a repeat esophagram which again showed that there was no narrowing of the esophagus. Thinking that maybe Lewis’ swallowing difficulty may have been linked to esophageal spasm, Dr. Hines prescribed niphedapine to relax the esophageal spasm. Dr. Hines never again saw Lewis for treatment.

Lewis next consulted Dr. Davidson Texa-da, an expert in psychiatry and neurology, on January 12, 1988. Dr. Texada summarized Lewis’ complaints since Dr. Hines last treated Lewis:

“... [H]e has also complained of an intermittent hoarseness of voice and the hoarseness is frequently or usually accompanied by enlargement of a gland on the left side of the forehead which usually comes and goes, he says, according to the hoarseness. [Dr. Texada witnessed the enlarged gland.] He says now that he has to chew slowly. He has some difficulty with swallowing if he eats too rapidly but he can handle liquids without any particular problem.

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