Lucas v. St. Frances Cabrini Hosp.

562 So. 2d 999, 1990 La. App. LEXIS 1422, 1990 WL 69700
CourtLouisiana Court of Appeal
DecidedMay 23, 1990
Docket89-39
StatusPublished
Cited by10 cases

This text of 562 So. 2d 999 (Lucas v. St. Frances Cabrini Hosp.) 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
Lucas v. St. Frances Cabrini Hosp., 562 So. 2d 999, 1990 La. App. LEXIS 1422, 1990 WL 69700 (La. Ct. App. 1990).

Opinion

562 So.2d 999 (1990)

Deloris LUCAS, Plaintiff-Appellee,
v.
ST. FRANCES CABRINI HOSPITAL, Defendant-Appellant.

No. 89-39.

Court of Appeal of Louisiana, Third Circuit.

May 23, 1990.

*1000 Ronny J. Champlin, Baton Rouge, and Eugene Cicardo, Alexandria, for plaintiff/appellee.

Gist, Methvin, Hughes & Munsterman, Howard Gist, Jr., Alexandria, for defendant/appellant.

S. Alfred Adams, Baton Rouge, for intervenor/appellant.

Before LABORDE, KNOLL and KING, JJ.

KING, Judge.

This appeal presents for consideration the issues of whether the trier of fact erred in finding that defendant committed malpractice, whether the trial court correctly gave a jury instruction on res ipsa loquitur, and whether the trier of fact was correct in its award of damages.

On April 6, 1984, Deloris Lucas (hereinafter plaintiff) was admitted to St. Frances Cabrini Hospital (hereinafter defendant) due to back pain and unusual female spotting and bleeding. It was decided that plaintiff was in need of a hysterectomy. In preparation for surgery, plaintiff was given an enema on the evening of April 12, 1984. During the surgery on the morning of April 13, 1984, retroperitoneal air was discovered in plaintiff's abdominal cavity. As a result, a colostomy was performed on plaintiff. Plaintiff sued defendant alleging that the nurse was negligent in the manner in which she administered the enema, thereby causing the presence of the retroperitoneal air. After trial before a jury, the jury returned a verdict in favor of plaintiff and awarded her $300,000 in general damages. The jury verdict was made the judgment of the court. Defendant appealed this judgment. The Louisiana Patients' Compensation Fund intervened on appeal. We affirm.

FACTS

On April 6, 1984, plaintiff, a fifty-one year old female, was admitted to St. Frances Cabrini Hospital complaining of back pain which had begun approximately six weeks previously and was becoming progressively worse. Plaintiff was admitted by Dr. J.D. Knoepp, a thoracic surgeon who had performed heart surgery on the plaintiff approximately three and one-half years prior to her April, 1984 admittance. The surgery performed on plaintiff's heart was mitral valve surgery which put plaintiff at risk for any subsequent surgeries. Dr. J.D. Knoepp, after admitting plaintiff to Cabrini Hospital, called in various other doctors including Dr. Ray Buerlot, an orthopedist, who concluded that plaintiff's back pain was caused by degenerative disc disease and possible HNP with possible sciatic nerve involvement on the left side, and Dr. Blanchard Texada, a surgeon who died before the trial of this matter, to evaluate plaintiff's female problems.

Dr. Texada, decided that plaintiff was in need of a transabdominal hysterectomy and salpingo oophorectomy. In preparation for surgery, Dr. Texada ordered that plaintiff be given a Fleet's enema on the evening of *1001 April 12, 1984. The enema was given by Nurse Roberts, an employee of defendant, to plaintiff at about 7:30 that evening. Nurse Roberts testified that she gave the plaintiff the enema without incident and that plaintiff did not complain of any discomfort. Plaintiff testified that while she did not tell Nurse Roberts, she felt burning and pain from the enema. Plaintiff's husband testified that plaintiff complained of such discomfort, but that he talked plaintiff out of calling the nurse because he did not want to bother her and because plaintiff was going to have surgery the next day.

The next morning, April 13, 1984, plaintiff was brought into surgery for the hysterectomy. Shortly after beginning surgery, Dr. Texada stated that he found retroperitoneal air present in the plaintiff's pelvic area. He then searched for the source of the air but was unable to find its etiology. Dr. Ronald M. Lewis, the anesthesiologist, present during the plaintiff's surgery, testified that Dr. Texada found no interior perforation and no fecal material, but saw only air. Dr. Texada continued his surgical procedure and performed the hysterectomy; however, he immediately called Dr. Knoepp to tell him of his findings.

Upon Dr. Knoepp's entrance into the operating room, Dr. Texada relayed his finding of retroperitoneal air. Dr. Knoepp did not look for the air, but rather, called in Dr. Wayne L. Walkins, a general and proliferal vascular surgeon, because he felt Dr. Walkins could better respond to plaintiff's needs. When Dr. Walkins arrived in the operating room and was told there was retroperitoneal air found when Dr. Texada began his surgical procedure, Dr. Walkins performed a loop sigmold colostomy for proximal diversion of the fecal stream and closed the abdomen. When asked why he performed the colostomy, Dr. Walkins' response was that, since the patient was at high risk due to her heart condition and because an infection is one of the worst complications, he thought that it was the best course of treatment to prevent a possible problem from developing. After performing the colostomy, Dr. Walkins then did a proctoscopy to examine plaintiff's rectum. He testified that he saw no obvious rectal perforation or any perforation of the colon. Dr. Knoepp also looked when the proctoscopic examination was performed and he testified that he saw nothing out of the ordinary.

After the surgery, plaintiff stayed in the hospital for approximately three weeks. The colostomy was removed about eight months later, after the doctors were certain that the possibility of infection had passed.

The jury, after hearing all the evidence, was instructed, given a special verdict form, and retired for deliberations. The jury returned a verdict in favor of plaintiff, answering the special verdict form as follows:

"1.
DO YOU FIND THAT NURSE CHARLOTTE ROBERTS BREACHED THE STANDARD OF PROFESSIONAL CARE REQUIRED OF HER IN ADMINISTERING THE PRE-OPERATION ENEMA?
x Yes _____ No
DO YOU FIND THAT THE COLON OF MRS. LUCAS WAS PERFORATED?
x Yes _____ No
DO YOU FIND THAT NURSE CHARLOTTE ROBERTS' CONDUCT PROXIMATELY CAUSED ANY INJURY TO PLAINTIFF?
x Yes _____ No
DO YOU FIND THAT THE DEFENDANT (ST. FRANCES CABRINI HOSPITAL) IS RESPONSIBLE FOR ANY DAMAGES SUSTAINED BY THE PLAINTIFF?
x Yes _____ No
(If YES, then continue. If NO, then STOP.)
WE AWARD THE PLAINTIFF DAMAGES AS FOLLOWS:
$ 300,000"

*1002 Defendant appealed and the Louisiana Patients' Compensation Fund intervened in the appeal since they are legally obligated to pay part of plaintiff's recovery since defendant is a qualified health care provider under La.R.S. 40:1299.41 et seq.

Defendant asserts the following specifications of error:

(1) The verdict of the jury was manifestly erroneous, and not in accordance with the law and the evidence;

(2) Plaintiff failed to prove an injury;

(3) Plaintiff failed to prove by expert testimony or otherwise, as required by law and jurisprudence, that Nurse Charlotte Roberts was not a competent and experienced Registered Nurse;

(4) Plaintiff failed to prove by a preponderance of evidence that Nurse Charlotte Roberts was negligent or fell below the standard of care in giving the plaintiff a Fleet's enema;

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Cite This Page — Counsel Stack

Bluebook (online)
562 So. 2d 999, 1990 La. App. LEXIS 1422, 1990 WL 69700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-st-frances-cabrini-hosp-lactapp-1990.