Montz v. Williams

182 So. 3d 1149, 15 La.App. 5 Cir. 221, 2015 La. App. LEXIS 2673, 2015 WL 9433748
CourtLouisiana Court of Appeal
DecidedDecember 23, 2015
DocketNo. 15-CA-221
StatusPublished
Cited by1 cases

This text of 182 So. 3d 1149 (Montz v. Williams) 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
Montz v. Williams, 182 So. 3d 1149, 15 La.App. 5 Cir. 221, 2015 La. App. LEXIS 2673, 2015 WL 9433748 (La. Ct. App. 2015).

Opinions

MARC E. JOHNSON, Judge.

| sPlaintiffs/Appellants, Dayna Montz and Dwayne Montz, appeal the dismissal of their medical malpractice action with prejudice in favor of Defendant/Appellee, Dr. Katherine Williams, from the 40th Judicial District Court, Division “A”. For the following reasons, we vacate the jury verdict, reverse the dismissal of Appellants’ action, and remand the matter for a new trial.

FACTS AND PROCEDURAL HISTORY

Mrs. Montz was a patient who had a complicated and extensive gynecological history with continual pelvic complaints and connected low back pain prior to presenting to Dr. Williams for treatment in May of 1999. Mrs. Montz’s medical history at the time consisted of two Caesarean Sections, a cholecystectomy, tubal ligation and two laparoscopic lysis procedures to remove adhesions. During one of her Caesarean Sections, Mrs. Montz sustained a bladder laceration that required repair and the placement of a suprapubic catheter.

On May 21, 1999, Mrs. Montz was seen by Dr. Williams for chronic pelvic pain. Dr. Williams recommended a total hysterectomy as a course of treatment, to | 4which Mrs. Montz agreed. Prior to surgery, Dr. Williams consulted Dr. Brian Brogle, a urologist, about Mrs. Montz’s previous bladder injury. Dr. Brogle advised Dr. Williams there would be a 70-80% chance that Mrs. Montz’s bladder would be re-injured during the hysterectomy.

Dr. Williams performed a total abdominal hysterectomy and bilateral salpingo-oophorectomy on Mrs. Montz on May 31, 1999. During the procedure, Mrs. Montz’s bladder was injured. Dr. Williams called Dr. Clay Boyd, the urologist on call, for an intraoperative consult and to perform the repair of Mrs. Montz’s bladder. As a result of the re-injury to her bladder, Mrs. Montz developed a vesicovaginal fistula. Subsequently, Mrs. Montz had to undergo several surgeries and/or procedures to repair the damage that occurred during the hysterectomy.

A medical review panel was convened at the request of Appellants. In an opinion [1151]*1151rendered on April 14, 2013, the panel concluded that the evidence did not support the conclusion that Dr. Williams failed to meet the applicable standard of care as charged in the complaint. The panel reasoned that Mrs. Montz was adequately informed and the bladder' injury was a known complication of the hysterectomy.

On June 18, 2003, Appellants filed their “Petition'for Personal Injuries and Damages” against Dr. Williams, alleging Dr. Williams committed medical malpractice and was negligent in her pre-operative and operative treatment of Mrs. Montz. A trial on the matter was held from July 21, 2014 through July 25, 2014 before a jury. At the conclusion of, the ' trial, the jury rendered a verdict finding that Appellants did not prove the standard of care applicable to Dr. Williams regarding the treatment of Mrs. Montz by answering, “No,” to the first question, on the verdict form. No further questions on the verdict form were reached by the jury. |BOn August 18, 2014, the trial court rendered a “Final Judgment and Order of Dismissal” that dismissed Appellants’ action against Dr. Williams with prejudice.

Appellants filed a “Motion for Judgment Notwithstanding the Verdict or, Alternatively, Motion for New Trial,” asserting the jury erred in finding the applicable standard of care was not established. A hearing on the motion-was held on September 19, 2014. In a judgment rendered on. October 20, 2014, the trial court found no reason to disturb the jury’s verdict and denied the motion. The instant appeal followed.

ASSIGNMENT OF ERROR

On appeal, Appellants’ sole assignment of error alleges the trial court erred in entering a judgment that found they failed to establish'the applicable standard of care by a preponderance -of the evidence and, subsequently, dismissing their action.

LAW AND ANALYSIS

Appellants allege the jury’s finding that they failed to establish -the applicable standard of care, for Dr. Williams in her treatment of Mrs. Montz by a preponderance of the. evidence was manifestly erroneous. Appellants argue the record -clearly establishes they presented evidence that -the applicable standard of care was informed consent pursuant to La. R.S. 40:1299.4o.1 While the experts disagreed as to whether Dr. Williams breached the standard of care, Appellants contend the expert testimony established that informed consent was the applicable pre-operative standard of care. Appellants further contend that since Dr. Williams failed tq inform Mrs. Montz of the material , risks involved with the hysterectomy and the alternative therapies to the surgery, the evidence they presented regarding the lack of informed consent supported those allegations. Appellants maintain that the issue of whether they established the standard of care is different from the issue |fiof whether Dr. Williams actually breached that standard of care, and the jury should have found in their favor on whether the standard of care was established.

In Mladenoff v. La. Med. Mut. Ins. Co., 13-477 (La.App. 5 Cir. 3/26/14); 139 So.3d 8, 11, writ denied, 14-862 (La.6/20/14), 141 So.3d; 813: this Court thoroughly explained the standard of reviewing a jury determination -on the standard of care in a medical malpractice, action by stating, the following:

[1152]*1152A jury’s finding of fact may not be set aside unless it is manifestly erroneous. In order to reverse a jury’s determination of fact, an appellate court must review the record in its entirety and find that: 1) reasonable factual basis does not exist for the jury’s finding; and 2) the record establishes that the fact finder is clearly wrong.- The manifest error rule applies in appeals of medical malpractice actions.
LSA-R.S. 9:2794(A) provides that in order to éstablish a medical malpractice claim, the plaintiff has the burden of proving:
(1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians, dentists, or chiropractic physicians licensed in the state of Louisiana and actively practicing in a similar community or locale and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence-raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians, dentists, or chiropractic physicians within the involved medical specialty.
(2) That the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence, long with his best judgment in the , application of that skill. '
(3) That' as a proximate result of this lack -of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that - would not otherwise have been incurred.
Thus, the plaintiff must establish by a preponderance of the evidence the defendant’s standard of care, a violation by the defendant of that standard of care, and a causal connection between the de- • fendant’s breach of the standard of care and the plaintiffs injuries.
17(Internal citations omitted).

In the case at bar, Appellants presented the testimony of Dr. Kevin Stephens, a board certified obstetrician and gynecologist who had been appointed to.

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Montz v. Williams
188 So. 3d 1050 (Supreme Court of Louisiana, 2016)

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Bluebook (online)
182 So. 3d 1149, 15 La.App. 5 Cir. 221, 2015 La. App. LEXIS 2673, 2015 WL 9433748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montz-v-williams-lactapp-2015.