Minor v. Bryan

206 So. 3d 1070, 2016 La.App. 4 Cir. 0323, 2016 La. App. LEXIS 2308
CourtLouisiana Court of Appeal
DecidedDecember 15, 2016
DocketNO. 2016-CA-0323
StatusPublished
Cited by1 cases

This text of 206 So. 3d 1070 (Minor v. Bryan) 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
Minor v. Bryan, 206 So. 3d 1070, 2016 La.App. 4 Cir. 0323, 2016 La. App. LEXIS 2308 (La. Ct. App. 2016).

Opinion

PAUL A. BONIN, JUDGE

|! Cynthia Reynolds died as a result of complications incurred during an in-office hysteroscopy performed by Dr. Washington Bryan, an obstetrician-gynecologist. Contending that his treatment of their mother fell below the applicable standard of care, her children, Rose Minor, Kimbal Minor, Robert Reynolds, and Taurean Reynolds, requested a medical review panel. The panel found unanimously that Dr. Bryan’s actions breached the standard of care, but could not state whether deviation “was directly related to her death,” The plaintiffs subsequently brought suit against Dr. Bryan, seeking survival and wrongful death damages. See La. C.C. arts. 2315.1 and 2315.2. After the conclusion of a bench trial, the trial judge found that Dr. Bryan’s medical treatment of Ms. Reynolds fell below the applicable stan[1073]*1073dard of care, that this breach caused her death, and that the plaintiffs were accordingly entitled to damages.

Dr. Bryan appeals, arguing first that the judgment against him must be reversed because the plaintiffs failed to prove “that there is a bright-line national standard” that prevented him from performing Ms. Reynolds’ procedure in-office. |2Pr. Bryan next claims that the trial judge erred when he concluded that his deviation below the standard of care was a cause-in-fact of Ms. Reynolds’ cardiac arrest and eventual death. In connection with this assignment, Dr. Bryan also argues that the trial judge was clearly -wrong in concluding that Ms. Reynolds’ post-cardiac arrest intubation was delayed for nine minutes, thus resulting in brain damage. Lastly, in response to the plaintiffs’ alternate theory of liability, Dr. Bryan asserts that the trial judge erred in concluding that he failed to obtain informed consent from Ms. Reynolds for the surgery. Each of these assignments is governed by the clearly wrong/manifest error standard of review. See McCarter v. Lawton, 09-1508, pp. 3-4 (La. App. 4 Cir. 7/21/10), 44 So.3d 342, 346, citing Barre v. Nadell, 94-1883, p. 7 (La. App. 4 Cir. 6/7/95), 657 So. 2d 514, 519 (citations omitted). Upon our review of this matter, we conclude that the trial judge’s findings with respect to the applicable standard of care, causation, and the alleged time discrepancy are not clearly wrong and are reasonable. We pretermit discussion of Dr. Bryan’s informed consent argument. Simply put, even if we were to reverse the trial judge’s informed consent ruling, Dr. Bryan would still be liable to the plaintiffs because we affirm the trial judge’s conclusion that the plaintiffs established his liability in accordance with the Medical Malpractice Act. See La. R.S. 9:2794 and La. R.S. 40:1231.1, et seq.

We, therefore, affirm the judgment and explain our decision below.

I

We first examine this matter’s factual and procedural history.

IsMs. Reynolds, who complained of postmenopausal bleeding, visited Dr. Bryan’s office on May 2, 2008. As a result of his initial examination, Dr. Bryan diagnosed Ms. Reynolds with uncontrolled high blood pressure (200/124), uncontrolled diabetes, asthma, and sleep apnea. He also diagnosed her as obese. He discussed these co-morbidities with Ms. Reynolds and instructed her to see her primary care physician so as to get them under control. He also asked Ms. Reynolds to visit the emergency room for her high blood pressure. Ms. Reynolds also told him that she smoked one to four packs of cigarettes a day, and was allergic to Lidocaine.1 He then examined Ms. Reynolds relative to her complaints. Dr. Bryan also ordered a pelvic ultrasound examination after noting that Ms. Reynolds had an enlarged uterus and a bloated belly.

Ms. Reynolds returned to his office on May 5, 2008. She had yet to see her primary care physician about her co-morbidities or visit the emergency room for her high blood pressure. Dr. Bryan testified that the ultrasound scan “suggested debris inside the uterus,” and suspected that Ms. Reynolds was suffering from endometrial cancer. He then decided that Ms. Reynolds needed a CT scan of her abdomen. Ms. Reynolds, according to Dr. Bryan, would not go to the hospital in order to undergo the scan. He testified that Ms. Reynolds [1074]*1074was deathly afraid of undergoing any type of procedure in the hospital and that they discussed the issue 14at length. Eventually, Dr. Bryan offered to perform an in-office hysteroscopy on Ms. Reynolds in order to evaluate her further,2

Ms. Reynolds next visited Dr. Bryan’s office on May 8, 2008 for the hysteroscopy. Dr. Bryan requested that Ms. Reynolds undergo the procedure at his Gretna, Louisiana office, which is located adjacent to Ochsner Hospital, in the event complications developed during the procedure. Dr. Bryan’s records reveal that Ms. Reynolds had not taken any medication to treat her hypertension or diabetes. She did not present any type of clearance from a primary care physician prior to the procedure. And, in violation of Dr. Bryan’s office policy, she had also eaten a light breakfast prior to her arrival. Ms. Leslie Rachelle Collins, one of Dr. Bryan’s employees, also testified that she observed Ms. Reynolds in the office waiting room prior to the procedure eating snacks out of a bag. She stated that she informed Dr. Bryan of this, and that it was a violation of office policy for a patient to eat or drink prior to undergoing the procedure.

At the outset of the procedure, Dr. Bryan administered Demerol for pain and valium for anxiety to Ms. Reynolds. And because she complained of tenderness, Dr, Bryan also gave her a para-cervical block with Lidocaine. Shortly thereafter, Dr. Bryan began the procedure. He noted that Ms. Reynolds was. suffering from a great deal of bleeding in her endometrium, which made observation difficult. Because of this condition, Dr. Bryan did not believe that he could continue the ¡¡¡procedure in his office. He, accordingly, recommended that she complete the procedure in the hospital. In discussing the matter, Ms, Reynolds asked that her head be raised. Dr. Bryan elevated the head of the exam table and continued speaking with Ms. Reynolds. After making a soft cough, Ms. Reynolds fell silent. Dr. Bryan went to the head of the table, examined her, and discovered that she had no pulse and had stopped breathing. Thinking that she might be having an allergic reaction to the Lidocaine, Dr. Bryan gave her an injection of epinephrine. He then instructed his staff to cal 9-1-1, while he performed mouth-to-mouth resuscitation and CPR on Ms. Reynolds. He did not intubate her because he did not have the proper respiratory equipment in his office. When he learned that the ambulance would be coming from West Jefferson Hospital, Dr. Bryan, at approximately 1:30 PM, notified Parish Anesthesia’s resuscitation team, which was within walking distance of his office. The records reflect that the Parish Anesthesia team began resuscitative efforts on Mrs. Reynolds at approximately 1:39 PM. The resuscitation team could find no pulse and observed a “large amount of fluid” in Ms. Reynolds airway. They immediately intu-bated her and began CPR. The resuscitation team ceased their efforts at 1:45 PM, and paramedics then transported Ms. Reynolds to Ochsner Hospital.

Ochsner Hospital records indicate that Ms. Reynolds was unable to respond to verbal commands, had fixed pupils, was unresponsive,, and that a trachea tube was inserted for breathing. Ms. Reynolds spent nearly two weeks at Ochsner, yet her condition did not improve.

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Related

Pennington v. Ochsner Clinic Found.
245 So. 3d 58 (Louisiana Court of Appeal, 2018)

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Bluebook (online)
206 So. 3d 1070, 2016 La.App. 4 Cir. 0323, 2016 La. App. LEXIS 2308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-bryan-lactapp-2016.