Martin v. East Jefferson General Hosp.

582 So. 2d 1272, 1991 WL 110890
CourtSupreme Court of Louisiana
DecidedJune 21, 1991
Docket91-C-0393
StatusPublished
Cited by224 cases

This text of 582 So. 2d 1272 (Martin v. East Jefferson General Hosp.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. East Jefferson General Hosp., 582 So. 2d 1272, 1991 WL 110890 (La. 1991).

Opinion

582 So.2d 1272 (1991)

Georgia Wells Martin, Wife of, and Roger MARTIN
v.
EAST JEFFERSON GENERAL HOSPITAL, Employees of East Jefferson General Hospital, Saeed Ahmed, M.D., and Jesse James Wells, Sr., and Other Joint Tortfeasors and Health Care Providers.

No. 91-C-0393.

Supreme Court of Louisiana.

June 21, 1991.

*1274 Russ M. Herman, Mark B. Wolfe, John B. Loweb, Charles O. Taylor, Herman, Herman, Katz & Cotlar, New Orleans, for plaintiff-applicant.

Steven A. Adams, Carruth, Cooper and Adams, Baton Rouge, Edward Rice, Adams & Reese, New Orleans, for defendant-respondent.

CALOGERO, Chief Justice.

A writ was granted in this medical malpractice action to determine whether the court of appeal, which reversed the district court's judgment in favor of the plaintiff, afforded the proper deference to the district court's findings of fact.

This action arose out of the death of a twenty-one year old woman named Joyce[1] Marie Wells. The immediate cause of her death was cardiac arrest due to myocarditis, an inflammation of the muscular wall of the heart. Ms. Wells' mother, Georgia Wells Martin, brought this lawsuit against the treating physician, Dr. Saeed Ahmed, and several other health care providers, contending that Dr. Ahmed's treatment of Ms. Wells fell below the standard of care ordinarily practiced by doctors of internal medicine. The plaintiff claimed that the myocarditis was likely the result of undiagnosed systemic lupus erythematosus (lupus), a collagen vascular disease which can be treated with steroid drugs. Dr. Ahmed defended on the theory that the myocarditis was caused by a viral infection, which is an untreatable condition.

After a bench trial, the district court entered judgment in favor of the plaintiff in the amount of $150,000.00, later clarifying the judgment to assess $100,000.00 against Dr. Ahmed and $50,000 against the Commissioner of Insurance and the Louisiana Patient's Compensation Fund. In written reasons for judgment, the district judge determined that Ms. Wells probably had lupus, and that the doctor's failure to rule out lupus as the cause of Ms. Wells' chronic illness lessened the patient's chances of survival. Both the doctor and the Fund appealed the judgment to the court of appeal.

The court of appeal reversed, holding that the plaintiff "failed to show by a preponderance of the evidence that, more probably than not, her chances of survival were reduced by defendant's failure to rule out lupus as a possible cause of her last illness." Martin v. East Jefferson General Hospital, 571 So.2d 895, 897 (La.App. 5th Cir.1990). The court of appeal stated that the district judge erred as a matter of law because, in its view, the record did not support a finding that the doctor's treatment, even if it fell below the standard of care, was more likely than not a cause of the patient's death. The court of appeal concluded that "on the evidence presented it is equally plausible that the death resulted from a viral infection as diagnosed by Dr. Ahmed, as it is that she died of complications of lupus." 571 So.2d at 897.

The court of appeal thus reversed the district court upon determining that the plaintiff failed to prove causation. After reviewing the record, we conclude that the court of appeal improperly substituted its own factual findings for that of the district court, thereby misapplying the manifest error/clearly wrong standard of review. Accordingly, we reverse the judgment of the court of appeal and reinstate the judgment of the district court.

The facts of this case show that Ms. Wells was a twenty-one year old woman who prior to the following events had no medical history of chronic illness. On August 18, 1980, she experienced severe pelvic and abdominal pain and was taken to the emergency room of East Jefferson General Hospital where she was treated and released. Five weeks later, on September 24, 1980, Ms. Wells returned to the emergency room suffering from abdominal *1275 discomfort, vomiting, neck pains, lethargy, and a red, itchy rash on her arms and thighs. The emergency room physician diagnosed "viral illness," prescribed aspirin, pain and nausea medication, and released Ms. Wells to return home.

Four days later, on September 28, 1980, Ms. Wells had one, possibly two, grand mal seizures and was again brought to the East Jefferson emergency room. She was found to have fever, lethargy, headache and was "hot to the touch." The emergency room physician made a preliminary diagnosis of viral encephalitis. Ms. Wells was referred by the emergency room to Dr. Saeed Ahmed, the defendant. Dr. Ahmed practiced internal medicine and nephrology but was not board certified in either specialty. He saw Ms. Wells after she had been stabilized, and admitted her to East Jefferson General Hospital. Dr. Ahmed did not obtain a complete medical, social and family history at the time of Ms. Wells' admission, nor at any time during her initial five day stay at the hospital. Dr. Ahmed also failed to review Ms. Wells' records from her August 18th and September 24th visits to East Jefferson General Hospital. Based on her symptoms and her lab tests, Dr. Ahmed concluded that Ms. Wells was suffering from either viral encephalitis or viral meningitis. He prescribed Vibramycin, an antibiotic.

Although Ms. Wells had never before suffered from grand mal seizures, Dr. Ahmed did not consult with a neurologist to investigate the cause of the seizures. Additionally, when Dr. Ahmed received Ms. Wells' lab studies on admission, he failed to repeat any of these tests even though the results revealed significantly elevated levels in the liver and heart enzymes, spinal fluids, blood tests, urinalysis and chemistry profile. The one abnormal study Dr. Ahmed repeated was the EKG showing a first degree AV (atrial ventricular) block. Ms. Wells' subsequent EKG showed a tachycardia (rapid pulse rate) of 135.

During this initial hospitalization, Ms. Wells again broke out in a generalized rash, which Dr. Ahmed assumed to be an adverse reaction to the Vibramycin. Dr. Ahmed did no further investigation or consultation to determine if the rash was related to the one Ms. Wells had when seen at the emergency room on September 24, 1980. Dr. Ahmed replaced the Vibramycin with Erythromycin, and gave Ms. Wells Calamine lotion and Benadryl for the rash.

On October 2, 1980, Ms. Wells was released from the hospital, although the only lab results Dr. Ahmed had were abnormal. She returned to Dr. Ahmed's office the next day complaining that the rash had gotten worse. Dr. Ahmed gave Ms. Wells an injection of Benadryl and increased her dosage of Benadryl capsules. Dr. Ahmed noted that Ms. Wells had a swollen face and a swollen lymph node behind her ear, but ordered no further lab studies. Ms. Wells again returned to Dr. Ahmed on October 5th, 6th, 13th and 27th. On none of these visits did Dr. Ahmed choose to rerun any of the laboratory studies, which had earlier shown abnormal results, to determine the cause of Ms. Wells' illness.

On October 5, 1980, when Ms. Wells returned to the East Jefferson Hospital because the rash had still not gotten any better, she was seen by a doctor in the emergency room who started her on high doses of Prednisone, a steroid (which is used to treat lupus). When Ms. Wells saw Dr. Ahmed in his office the next day, October 6, 1980, she was feeling some relief from her symptoms, so Dr. Ahmed continued her on Prednisone and Benadryl. From October 6th through November 7th, 1980, Ms. Wells was treated with steroids and she showed improvement.

On November 10, 1980, after Dr. Ahmed had discontinued the steroids, Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David Gniady v. Ochsner Clinic Foundation
Louisiana Court of Appeal, 2023
Patricia Goff and Mark Goff v. Dr. Robin L. Yue
Supreme Court of Louisiana, 2023
Royal ex rel. Mott v. Blanch
222 So. 3d 823 (Louisiana Court of Appeal, 2017)
Deykin v. Ochsner Clinic Foundation
219 So. 3d 1234 (Louisiana Court of Appeal, 2017)
State v. Adams
74 So. 3d 686 (Supreme Court of Louisiana, 2011)
McGlothlin v. Christus St. Patrick Hospital
65 So. 3d 1218 (Supreme Court of Louisiana, 2011)
Bianchi v. KUFOY
53 So. 3d 530 (Louisiana Court of Appeal, 2010)
Carter v. Louisiana Medical Mutual Insurance
40 So. 3d 327 (Louisiana Court of Appeal, 2010)
Buffman Inc. v. Lafayette Insurance Co.
36 So. 3d 1004 (Louisiana Court of Appeal, 2010)
Bailey v. Donley
26 So. 3d 987 (Louisiana Court of Appeal, 2009)
KEESLAR v. McHugh
24 So. 3d 933 (Louisiana Court of Appeal, 2009)
Westcott v. Westcott
11 So. 3d 45 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
582 So. 2d 1272, 1991 WL 110890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-east-jefferson-general-hosp-la-1991.