Norfleet v. Southern Baptist Hospital

623 So. 2d 891, 1993 La. App. LEXIS 2716, 1993 WL 316505
CourtLouisiana Court of Appeal
DecidedAugust 19, 1993
DocketNo. 92-CA-0748
StatusPublished
Cited by1 cases

This text of 623 So. 2d 891 (Norfleet v. Southern Baptist Hospital) 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
Norfleet v. Southern Baptist Hospital, 623 So. 2d 891, 1993 La. App. LEXIS 2716, 1993 WL 316505 (La. Ct. App. 1993).

Opinion

ARMSTRONG, Judge.

In this appeal arising out of a medical malpractice action, plaintiffs, Linda Ann Nor-fleet and her husband, Bradford, and defendant, the Louisiana Patient’s Compensation Fund, appeal portions of the judgment of the trial court. We amend the judgment of the trial court, and affirm it as amended.

In October, 1987, plaintiff, Linda Norfleet, then twenty-four years old, entered Southern Baptist Hospital (“SBH”) to deliver her second child. She claimed that an SBH employee negligently administered an intramuscular injection injuring her right sciatic nerve, resulting in her having a condition commonly known as “drop foot.” A medical review panel found that SBH breached its duty to comply with the appropriate standard of care. Plaintiff subsequently instituted this action against SBH. Thereafter, plaintiff settled her claim against SBH, reserving her right to proceed against the Louisiana Patient’s Compensation Fund (the “PCF”) for additional damages not to exceed $400,000.00, in accordance with the Medical Malpractice Act, La.R.S. 40:1299.41 et seq.

The PCF stipulated to liability and, after a bench trial, the trial court rendered judgment awarding plaintiff a total of $437,871.60 in damages, subject to a $100,000.00 credit, plus interest and costs. A motion for new trial filed by the PCF was denied and this appeal was taken. Plaintiffs answered PCF’s appeal.

The PCF claims the trial court erred (1) in awarding excessive general damages; and (2) in awarding special damages for past and future loss of income and earning capacity which were not supported by the record. Plaintiffs claim the trial court erred (1) in failing to award medical expenses in the amount of $7,233.12; (2) in failing to award Bradford Norfleet, Linda’s husband, damages for loss of consortium; and, (3) in refusing to allow plaintiffs to present evidence concerning orthopedic problems with Linda’s left knee that she claims were causally related to the sciatic nerve injury.

GENERAL DAMAGES

The trial court awarded plaintiff general damages for pain and suffering in the amount of $250,000.00. The PCF claims the trial court erred in awarding excessive general damages.

A trial court’s attempt to measure the monetary value of intangibles such as grief, loss of love and affection, and loss of companionship are necessarily subject to great discretion. The basic question to be considered is whether the general damage award is so high as to shock the conscience of the reviewing court. Bourgeois v. Puerto Rican Marine Management, Inc., 589 So.2d 1226 (La.App. 4th Cir.1991), units denied, 592 So.2d 1299, 1300 (La.1992). Before an appellate court can disturb a trial court’s award of general damages, the record must clearly reveal that the trier of fact abused its discretion in making the award. Only after finding that the record shows the trial court abused its discretion can the appellate court disturb the award, and then only to the extent of raising or lowering it to the highest or lowest point which would have been within [894]*894the discretion afforded the trial court. Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Reck v. Stevens, 373 So.2d 498 (La.1979); Burton v. Berthelot, 567 So.2d 649 (La.App. 4th Cir.1990), unit denied, 569 So.2d 989 (La.1990).

General damages must be determined on a case-by-ease basis since they do not have a common denominator. Bernard v. Royal Insurance Co., 586 So.2d 607 (La.App. 4th Cir.1991), writ denied, 589 So.2d 1058 (La.1991). Before an appellate court questions a trial court award as inadequate or excessive, it must look not to prior awards, but to the individual circumstances of the instant case. Reck v. Stevens, supra; Burton v. Berthelot, supra.

Linda Norfleet was twenty-four years old when she entered SBH to have her second child. Linda testified that after delivering her baby, after the epidural should have worn off, she noticed that her right leg still felt numb and cold. This was the first indication that something was wrong. Dr. Gerald F. Burns examined Linda soon after her injury. Based on the history given him and his examination, Dr. Burns believed that the sciatic nerve in Linda’s right leg was struck by a needle when she was administered an injection. He described the sciatic nerve as the largest nerve fiber in the body.

On examination, Dr. Burns found weakness in all muscle groups in Linda Norfleet’s right lower extremity except for her quadriceps. He said that all of the muscles supplied by the sciatic nerve were affected by the injury. Below the knee he found significant sensory loss. He noted a decrease in the mass of the calf due to atrophy from loss of nerve function. Dr. Burns characterized the injury to Linda as severe. He said that Linda had “drop foot,” meaning that she is unable to hold her foot up. When she walks, she has to lift her right leg up higher than normal. Dr. Burns also testified that Linda’s ankle is noticeably weaker and was concerned she could fracture or break it. She wears a brace designed to keep her foot from dropping. The brace helps Linda walk more normally. However, Linda has complained to him that she walks with a different gait or a limp.

It was Dr. Burn’s opinion that Linda’s condition would not improve in the future. He said she has weakness in her lower extremity, significant weakness of flexion, and weakness in all of the muscles below the knee. He believed she would have pain but that it would not be a major problem. However, he said that if Linda pushes herself she might have some muscle spasm, and that any stressful exercise involving the foot would give her problems. He said she would not be able to walk for long periods of time. He also thought it was more likely than normal that Linda would develop arthritis. He said she could do work alternating standing and sitting down, but could not stand all day.

Dr. Burns gave Linda an 80% permanent impairment of the lower right extremity, a 56% permanent impairment of the whole lower extremity, and a 22% permanent impairment of the whole body.

Dr. Edward D. Levy Jr., a psychiatrist, treated Linda Norfleet for symptoms of depression from July, 1988 to May, 1991. He testified that she related her depression to losing a child and to not being able to engage in physical activity. Only the latter factor is causally related to the sciatic nerve injury. When he first examined Linda Norfleet, Dr. Levy recommended that she take an antidepressant medication. That was later discontinued when it proved ineffective. Linda related her attempts to establish a normal routine within her limitations. Dr. Levy testified that Linda got depressed about her condition preventing her from keeping up with other family members when on vacation. She felt that members of her family did not appreciate the limitations imposed on her by her injury. Dr. Levy stated that she also gets depressed about her inability to work as she used to.

Dr. Levy testified that the injury to Linda caused a loss of function. This loss of function caused the depression. By May, 1991, Dr. Levy said, Linda’s depression had eased. However, he noted that this depressive episode left her more prone to suffer from future depression.

Linda Norfleet testified that she still experiences pain in her leg, primarily when she [895]*895engages in certain activities such as walking long distances or when she stands for long periods. Linda testified that she used to engage in many sporting activities that she does not do now.

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