Merritt v. Karcioglu

687 So. 2d 1002, 1997 WL 76816
CourtSupreme Court of Louisiana
DecidedFebruary 25, 1997
Docket96-C-0431, 96-C-0454
StatusPublished
Cited by8 cases

This text of 687 So. 2d 1002 (Merritt v. Karcioglu) 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
Merritt v. Karcioglu, 687 So. 2d 1002, 1997 WL 76816 (La. 1997).

Opinion

687 So.2d 1002 (1997)

Dora Boutte MERRITT et al.
v.
Guler KARCIOGLU, M.D. et al.
Dora Boutte MERRITT et al.
v.
ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND et al.

Nos. 96-C-0431, 96-C-0454.

Supreme Court of Louisiana.

February 25, 1997.

Elaine Wills Selle, Donna Di Martino Fraiche, Locke, Purnell, Rain & Harrell, New Orleans, for Applicant (No. 96-C-0431).

Darleen Marie Jacobs, James L. Yates, Michelle Anne Bourque, Stewart Earl Niles, Jr., New Orleans, for Respondent (No. 96-C-0431).

Michelle Anne Bourque, Stewart Earl Niles, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Applicant (No. 96-C-0454).

Darleen Marie Jacobs, James L. Yates, Locke, Purnell, Rain & Harrell, Elaine Wills Selle, Donna Di Martino Fraiche, New Orleans, for Respondent (No. 96-C-0454).

LEMMON, Justice.[*]

This is a medical malpractice action seeking to recover the damages sustained by the ninety-two-year old patient when she fell from a hospital bed, allegedly because the doctor and the hospital staff failed to monitor *1003 her properly or to use appropriate restraints. The lone issue on which this court granted certiorari is whether the jury abused its discretion in awarding $555,000 solely for the damages attributable to the broken hip sustained in the fall when the hip fracture was completely healed in seven weeks and the patient was suffering from numerous severe and debilitating cardiac, vascular and pulmonary conditions prior to her fall.

Facts

On October 7, 1988, Amy Boutte was admitted to the Tulane University Medical Center (TMC) with complaints of severe chest and stomach pain, epigastric pain, decreased appetite, nausea, vomiting and fever. The ninety-two-year old patient had been hospitalized at TMC for congestive heart failure and severe vascular disease five times since June 1987. The diagnosis in the October 1988 admission was viral pneumonia, and she was placed in the cardiac care unit under constant monitoring.

Three days later Ms. Boutte became disoriented and fell while attempting to get out of her hospital bed. The fall resulted in a fracture of the right hip.

The surgeon performed an open reduction and internal fixation of the hip. After a physical therapy regime, Ms. Boutte was discharged from the hospital ten days after the fall, at which time she was able to walk with a walker and assistance. By November 29, the fracture had completely healed, and she reported she was experiencing no pain. She did not return for a scheduled appointment in February.

On April 9, 1988, Ms. Boutte was admitted to TMC for sepsis, decubitus ulcers, dehydration, renal failure, anemia, acute pulmonary edema and severe peripheral vascular disease with gangrene of the toes. She died nine days later of heart failure.

Her heirs filed this action, seeking both survival and wrongful death damages. After trial on the merits, the jury, answering special interrogatories, found that the negligence of Dr. Guler Karcioglu and of Nurse Marcia Wolfe caused Mrs. Boutte's hip injury, but did not cause her death. Apportioning fault ten percent to the doctor, fifty-five percent to TMC and thirty-five percent to the nurse,[1] the jury awarded $555,000 in survival damages.[2]

On appeal by the doctor, the nurse, TMC and the Louisiana Patient Compensation Fund,[3] the court of appeal affirmed, but amended the judgment by reducing the award of damages to $500,000.[4] 668 So.2d 469. Citing Youn v. Maritime Overseas Corp., 623 So.2d 1257 (La.1993), the court reasoned that the particular effect of the hip injury on this particular victim was "a diminution of the quality of life for the last seven months of her life."[5] 668 So.2d at 479.

On defendants' application, this court granted certiorari "as to general damages only."[6] 96-0431, 96-0454 (La.4/26/96); 672 So.2d 677, 678.

*1004 Appellate Review of General Damages Awards

Because Ms. Boutte did not die as a result of the fall caused by defendants' negligence, plaintiffs are only entitled to recover the damages that she sustained between the time of the fall and her death which are attributable to the hip injury. The critical issue is whether the jury abused its "much discretion" in awarding $555,000 for those damages. La. Civ.Code art.1999.

In Youn, 623 So.2d at 1260-61, this court discussed the troubling problems in appellate review of general damage awards, stating:

In Reck v. Stevens, 373 So.2d 498 (La. 1979), this Court commented on appellate review of general damage awards and on the "much discretion" in fixing damages accorded to trial courts by La. Civ.Code art.1934(3) (1870). The decision pointed out that the role of an appellate court in reviewing general damages is not to decide what it considers to be an appropriate award, but rather to review the exercise of discretion by the trier of fact. Each case is different, and the adequacy or inadequacy of the award should be determined by the facts or circumstances particular to the case under consideration.
In Reck, this court disapproved the appellate court's simply reviewing the medical evidence and then concluding that the award for those injuries was excessive, without taking into consideration the particular effect of the particular injuries on the particular plaintiff. This court further disapproved of the use of a scale of prior awards in cases with generically similar medical injuries to determine whether the particular trier of fact abused its discretion in the awards to the particular plaintiff under the facts and circumstances peculiar to the particular case. The initial inquiry is whether the award for the particular injuries and their effects under the particular circumstances on the particular injured person is a clear abuse of the "much discretion" of the trier of fact. Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963); Ballard v. National Indem. Co. of Omaha, Neb., 246 La. 963, 169 So.2d 64 (1964); Lomenick v. Schoeffler, 250 La. 959, 200 So.2d 127 (1967). Only after such a determination of an abuse of discretion is a resort to prior awards appropriate and then for the purpose of determining the highest or lowest point which is reasonably within that discretion. Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Bitoun v. Landry, 302 So.2d 278 (La.1974); Spillers v. Montgomery Ward & Co., 294 So.2d 803 (La.1974).
The standard for appellate review of general damage awards is difficult to express and is necessarily non-specific, and the requirement of an articulated basis for disturbing such awards gives little guidance as to what articulation suffices to justify modification of a generous or stingy award. Nevertheless, the theme that emerges from Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) through Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976), and through Reck to the present case is that the discretion vested in the trier of fact is "great," and even vast, so that an appellate court should rarely disturb an award of general damages. Reasonable persons frequently disagree about the measure of general damages in a particular case.

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Cite This Page — Counsel Stack

Bluebook (online)
687 So. 2d 1002, 1997 WL 76816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-karcioglu-la-1997.