Pace v. Sadler

966 S.W.2d 685, 1998 Tex. App. LEXIS 1704, 1998 WL 121635
CourtCourt of Appeals of Texas
DecidedMarch 18, 1998
Docket04-96-00399-CV
StatusPublished
Cited by11 cases

This text of 966 S.W.2d 685 (Pace v. Sadler) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pace v. Sadler, 966 S.W.2d 685, 1998 Tex. App. LEXIS 1704, 1998 WL 121635 (Tex. Ct. App. 1998).

Opinion

*687 OPINION

LÓPEZ, Justice.

This appeal arises from a medical malpractice lawsuit filed by Evelyn Pace. In her lawsuit, Mrs. Pace sued Dr. David Sadler and Good Shepherd Medical Center (Medical Center) for negligence she contends resulted in her husband’s death. Dr. Sadler performed peripheral vascular surgery on Mr. Pace at Good Shepherd Medical Center. Mr. Pace died two days after the surgery as the result of a heart attack. A jury, however, did not find that Mr. Pace’s death resulted from negligence on the part of Dr. Sadler or the Medical Center. In her appeal, Mrs. Pace raises four issues to challenge the propriety of the admission, exclusion, and restriction of the use of evidence at trial.

Testimony Concerning the Nurses’ Flow Sheet

The gist of Mrs. Pace’s first point of error is that the trial court’s rulings prevented her from responding to the defendants’ misrepresentations about her husband’s medical records. Mrs. Pace proffered the Medical Center’s records for her husband’s care as Plaintiffs Exhibit 2. The medical records included a multi-purpose flow sheet which reflects a one-hour period of time during which nurses made no entries. Mrs. Pace wanted to use this gap to challenge the adequacy of Medical Center’s treatment of her husband. The trial court admitted the medical records, but excluded comments which would characterize the gap in the reporting as inadequate documentation.

Mrs. Pace contends that this exclusion was error because she testified at trial that her husband was experiencing classic symptoms of a heart attack shortly before his death and that she reported the same to the nurses on duty. If the jury believed the gap in charting indicated that the nurses had not documented everything about Mr. Pace’s condition, Mrs. Pace argues that the jury may have believed that the nurses did not report everything to Dr. Sadler and had they reported everything, Dr. Sadler should have known that Mr. Pace was suffering a heart attack. Mrs. Pace contends that the exclusion of comments about the gap resulted in a false and distorted picture of the medical records. While the defendants were permitted to repeatedly vouch for the completeness and accuracy of the hospital’s records, Mrs Pace complains that she was not permitted to show how the gap was relevant to what was known by Medical Center’s nurses at the time Mr. Pace died.

In response, the appellees, Dr. Sadler and the Medical Center, argue that the trial court properly excluded comments about the gap because the gap was never shown to be relevant to an issue in dispute. The appel-lees maintain that comments about the gap were irrelevant because no evidence existed indicating that any failure to write down charting information equated to a failure to monitor Mr. Pace or a failure to report important observations about his condition to Dr. Sadler. Even if relevant, the appellees argue, the probative value of such comments were outweighed by the danger of unfair prejudice to the defendants, confusion of the issues, and the potential for misleading the jury.

The decision to admit evidence is within the sound discretion of the trial court. See Ginsberg v. Fifth Court of Appeals, 686 S.W.2d 105, 108 (Tex.1985). Accordingly, a point of error contesting the exclusion of evidence is reviewed using an abuse of discretion standard. To obtain a reversal on an evidentiary point of error, the trial court’s error must have amounted to such a denial of the rights of the appellant as was reasonably calculated to cause the rendition of an improper judgment. See Tex.R.App. P. 44.1(a). To make this determination, the appellate court must review the entire record. See McCraw v. Mans, 828 S.W.2d 756, 758 (Tex. 1992) (stating proper standard of review where appellant complains about exclusion of evidence).

The threshold issue in the admission of evidence is relevancy. See Tex.R. Civ. Evid. 402. In order for Mrs. Pace to be permitted to comment prejudicially about the gap, such comment would have to have been relevant. Id. To be relevant, the gap was required to make a fact of consequence more or less probable. Id. R. 401. Here, the *688 disputed issue was whether Mr. Pace exhibited signs of a heart attack in the hours preceding his death. 1 If Mr. Pace exhibited such symptoms, and the nurses failed to report them to Dr. Sadler, the defendants would have breached the standard of care. Mrs. Pace testified that Mr. Pace complained of chest pain and pain in his left arm around 7:00 p.m. on the evening prior to his death. She testified further that he was perspiring around his eyes and that he was very pale in color. As a result, Mrs. Pace stated that she called for assistance and that a nurse responded. But the gap in the flow sheet occurred between 10:10 and 11:12 p.m. After reviewing the record, we do not see how the absence of an entry on the flow sheet could make it more probable that Mr. Pace experienced the symptoms that Mrs. Pace described. Instead, the absence of an entry during the one hour gap would seem to make it less probable that Mr. Pace exhibited symptoms of a heart attack. If relevant, the gap was relevant only from the defendants’ perspective. Under these circumstances, we conclude that the trial judge did not abuse its discretion in excluding testimony which would have characterized the gap as inadequate care. We overrule Mrs. Pace’s first point of error.

Testimony About the Discovery of the EKG Strip

As her second point of error, Mrs. Pace complains that she was not permitted to present evidence that the defendants had spoliated critical evidence. Specifically, Mrs. Pace sought to present evidence about the discovery of an EKG strip. Mrs. Pace is referring to the results of an EKG that was performed on Mr. Pace approximately 30 minutes prior to his death. Although the original strip was not contained in the Medical Center’s records, Mrs. Pace discovered a duplicate strip which was mailed to Dr. Sad-ler and placed in his office records. At trial, the defendants sought to exclude references to the absence of the strip from the hospital’s records on the grounds that the absence of the strip was completely irrelevant to the issues in the case, and that any inquiry into the matter would only confuse, inflame, and improperly prejudice the jury. The exclusion, Mrs. Pace contends, constitutes reversible error because her primary allegation of negligence was based on the defendants’ failure to timely perform an EKG on Mr. Pace. Because Mrs. Pace was prevented from commenting on how she discovered the results of the EKG, she contends that the credibility of the defendants was left unquestioned in the minds of the jury.

In response, the appellees argue that references to the absence of the strip from the Medical Center’s records were properly excluded because (1) the evidence was not destroyed, and (2) evidence of the EKG was admitted into evidence. Because evidence of the EKG was before the jury, the appellees argue that comment about the strip’s absence from the Medical Center’s records would have been cumulative. We agree with the appellees.

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Bluebook (online)
966 S.W.2d 685, 1998 Tex. App. LEXIS 1704, 1998 WL 121635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-v-sadler-texapp-1998.