McCraw v. Louisiana State University Medical Center

627 So. 2d 767, 1993 La. App. LEXIS 3691, 1993 WL 492564
CourtLouisiana Court of Appeal
DecidedDecember 1, 1993
DocketNo. 25349-CA
StatusPublished
Cited by7 cases

This text of 627 So. 2d 767 (McCraw v. Louisiana State University Medical Center) 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
McCraw v. Louisiana State University Medical Center, 627 So. 2d 767, 1993 La. App. LEXIS 3691, 1993 WL 492564 (La. Ct. App. 1993).

Opinion

HIGHTOWER, Judge.

Cara McCraw, who alleges that through medical malpractice the staff of Louisiana State University Medical Center (“LSU-MC”) caused her child to suffer severe brain damage, appeals a judgment rejecting her demands. We affirm.

FACTS

During the early morning hours of April 12, 1986, McCraw gave birth to a baby girl, Nakia. After a normal delivery and a 30-hour stay in the nursery of LSU-MC, attending physicians released the mother and her then-healthy daughter from the hospital.

Returning to the emergency room at approximately 4:00 p.m. on April 20, 1986, the mother stated that her child had not been eating well and, for at least three days, had been demonstrating signs of fever. Athough having previously noticed that the infant felt warm and despite having treated that symptom with Tylenol, McCraw had never taken Nakia’s temperature. She further reported that, earlier that day, her daughter suffered three seizures. At approximately 2:00 a.m., Nakia’s arms had begun shaking. This con[769]*769tinued for about a minute and the baby-turned blue around the mouth, before beginning to cry and regaining her normal coloring. Later, she experienced similar episodes at 7:00 a.m. and in the afternoon before the trip to LSU-MC.

Nakia exhibited a temperature of 101.9° upon examination in the emergency room, and, indeed, experienced another seizure in the physician’s presence. Considering these symptoms and a cloudy yellow spinal fluid with drastically irregular amounts of protein, glucose, and white blood cells, the doctors determined the child to be suffering from pneumococcal bacterial meningitis, a diagnosis later confirmed by additional laboratory tests. This very serious condition, if not successfully treated in the extremely early stages, i.e. within the first few hours, results in significant damage to the brain. Thus, in efforts to combat the infection, the physicians prescribed and administered massive doses of antibiotics. Nonetheless, the infant’s seizures continued.

During an ensuing six-week hospital stay, Nakia developed hydrocephalus (a condition characterized by the abnormal accumulation of fluid in the cranial vault). Thus, beyond monitoring the progress of the infection, the physicians also closely watched the effects of this additional complication, regularly measuring the child’s head circumference and observing the condition of her fontanelle (the soft spot remaining in the skull of an infant). Even so, the medical team declined to surgically implant a shunt (a tube utilized to relieve intracranial pressure by connecting the fluid-containing spaces of the brain with a cavity outside the brain). Finally, when the infant had no more fever and the severity of the infection decreased, the doctors discharged her on May 31, 1986.

On June 11, 1986, prompted by another worsening of Nakia’s condition, the mother returned her daughter to LSU-MC. Upon admission, physicians noted a significant increase in the circumference of the infant’s head. On June 13, Dr. Edward Benzel, neurosurgeon, concluded that the meningitis had been adequately abated by the antibiotic therapy, and, thus, a shunting procedure could be performed with minimal risk. Understandably, however, this surgical process could not reverse the extensive neurological devastation already present. Complications later required replacement of the shunting tube, but the device subsequently has been adequately maintained.

Due to the severe neurological damage, Nakia is now mentally retarded, functioning at the level of a one-year old. McCraw, alleging that her child received substandard care at LSU-MC, filed suit in January 1987. After trial on the merits, the lower court found no malpractice and dismissed plaintiffs claims. This appeal ensued.

DISCUSSION

In her appellate brief, McCraw cites two specific instances of hospital malpractice. She contends that, because her child had an extremely high white blood cell count immediately after birth, Nakia should not have been released on April 13 without determining the cause of this condition. Furthermore, appellant argues that the hydrocephalus, not the meningitis, caused the major part of the infant’s brain damage. Therefore, the hypothesis continues, implanting the shunt earlier would have lessened the degree of neurological impairment.

Burden of Proof & Standard of Review

In a malpractice action against a hospital, under the theory of respondeat superior, the standard of care and burden of proof involved is the same as for the physician whose activities are questioned. Bolton v. Louisiana State Univ. Med. Ctr., 601 So.2d 677 (La.App. 2d Cir.1992). Likewise, in a medical malpractice action against a physician or surgeon, the plaintiff must establish that the doctor’s treatment fell below the ordinary standard of care expected of physicians in his medical speciality, and also that a causal relationship existed between the alleged negligent treatment and the injury sustained. LSA-R.S. 9:2794; Martin v. East Jefferson General Hospital, 582 So.2d 1272 (La.1991); Bolton, supra. However, the law does not require absolute precision from a physician. Instead, the doctor’s professional judgment and conduct are evaluated in terms of reasonableness under the then-existing [770]*770circumstances, not in terms of hindsight or in light of subsequent events. Iseah v. E.A. Conway Memorial Hosp., 591 So.2d 767 (La. App. 2d Cir.1991), writ denied, 595 So.2d 657 (La.1992); Broadway v. St. Paul Ins. Co., 582 So.2d 1368 (La.App. 2d Cir.1991).

Of course, in a medical malpractice action, credibility determinations, including the evaluation and resolution of conflicts in expert testimony, together with causation inquiries, concern factual issues. Bolton, supra; Iseah, supra. Thus, our review is constrained by the manifest error standard, which demands that findings of fact by the trial court be given great deference and disturbed only when clearly wrong. Even if there is conflict in testimony, reasonable inferences of fact should not be disturbed. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). Also, when findings of fact are based upon decisions regarding the credibility of witnesses, respect should be given to those conclusions, for only the factfinder can be aware of the variations in demeanor and tone of voice that bear so heavily on understanding and believing what is said. Rosell v. ESCO, 549 So.2d 840 (La.1989). Indeed, this court is mandated not to substitute its own evaluations and inferences for those of the trier of fact. Bolton, supra; Winford Co. v. Webster Gravel & Asphalt, 571 So.2d 802 (La.App. 2d Cir.1990).

White Blood Cell Count

Laboratory analysis taken immediately after Nakia’s birth revealed a white blood cell count (WBC) of 30,000. MeCraw, viewing this as an excessively high reading that indicated infection, contends her baby should not have been discharged the following day without further investigation. Notably, at oral argument, appellant conceded this to be the weaker of her claims. Nonetheless, in support of this contention, the mother elicited testimony from Dr. George Udvarhelyi, an expert in neurosurgery. Although stating his belief that the WBC evinced an infection warranting further analysis, this physician qualified that position by professing no expertise in either infectious diseases or neonatal care.

A pediatric neurologist called as an expert by LSU-MC, Dr.

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627 So. 2d 767, 1993 La. App. LEXIS 3691, 1993 WL 492564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccraw-v-louisiana-state-university-medical-center-lactapp-1993.