Papania v. State ex rel. Board of Supervisors of Louisiana State University

108 So. 3d 256, 2013 WL 117289
CourtLouisiana Court of Appeal
DecidedJanuary 9, 2013
DocketNos. 2012-CA-0551, 2012-CA-0552
StatusPublished
Cited by3 cases

This text of 108 So. 3d 256 (Papania v. State ex rel. Board of Supervisors of Louisiana State University) 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
Papania v. State ex rel. Board of Supervisors of Louisiana State University, 108 So. 3d 256, 2013 WL 117289 (La. Ct. App. 2013).

Opinion

MADELEINE M. LANDRIEU, Judge.

|T Robyn Papania filed a medical malpractice action, individually and on behalf of her minor child, Bradley Papania, against the State of Louisiana through the Board of Supervisors of Louisiana State University Agricultural and Mechanical College d/b/a/ the Medical Center of Louisiana, New Orleans (“Charity Hospital”) and Dr. Toni Denson.1 Charity Hospital filed this appeal of a trial court judgment on a jury verdict finding that Charity Hospital breached the stándard of care and that this breach was a proximate cause of the damages sustained by the plaintiffs. Charity Hospital asserts that the jury erred in finding that it was independently liable, separate and distinct from its vicarious liability for any of its employee health care providers. Ms. Papania filed a cross-appeal alleging that the jury erred in finding that Dr. Denson’s negligence was not a proximate cause of the plaintiffs’ damages. For the reasons that follow, we affirm the judgment of the trial court.

FACTS

In June and July of 1999, Bradley Papa-nia was brought by his mother to the Charity Hospital emergency room four times in a one month period, each time with ^virtually the same symptoms. On July 22, 1999, within approximately twelve to fourteen hours of his release following the fourth visit, 20-month old Bradley died as a result of an undiagnosed volvulus (a twisted intestine) that led to internal bleeding. The history of his treatment is as follows:

On June 21, 1999, Bradley was admitted to the emergency room with abdominal pain, vomiting and diarrhea. He was released that day with a diagnosis of gastroenteritis.

Bradley’s mother brought him back to the emergency room five days later with symptoms of abdominal pain, vomiting, streaks of blood in his diarrhea, and de-, creased appetite. He was admitted to Charity Hospital’s intensive care unit. Once stable, Bradley was transferred to the pediatric ward where he remained hospitalized for two weeks. During this hospital stay, a CT scan and ultrasound of his abdomen were performed. Despite the fact that both test results were abnormal, the CT scan was never repeated prior to his discharge. Several subsequent ultrasounds were performed. Each one showed signs of improvement, with the last one being designated as “normal.” Bradley was discharged on July 11, 1999 without a diagnosis.

As was standard procedure at Charity Hospital at the time, upon discharge, Ms. Papania received an unsigned and undated piece of paper containing a short summary of Bradley’s medical history from this hospital stay.2 This information was apparently given to Bradley’s mother so that she could pass it along to physicians providing follow-up care. Notably, certain critical information on this piece of paper was incorrect. It erroneously recorded that both the CT scan and | ^ultrasound were normal, when, in fact, the CT scan was abnormal and two prior ultrasounds had been abnormal. Bradley returned to the Charity Hospital emergency room two days later, on July 13, 1999, with the exact same symptoms as the previous visit. He was discharged that day, still with no diagnosis.

[259]*259Eight days later, on July 21,1999, Bradley returned to the Charity Hospital emergency room with the same symptoms for the fourth time. On this date, he was under the care of Dr. Denson, a third year resident. When Bradley was admitted to the emergency room, Ms. Papania gave Dr. Denson the summary that she received from Charity Hospital when Bradley was discharged after his two-week stay. Dr. Denson requested and received from the record room Bradley’s 110-page medical record from this two-week stay; however, she acknowledged that she did not review the record in its entirety. Notably absent from this record, however, was the discharge summary from Bradley’s earlier hospital admission as it had not yet been dictated. Again, following a six-hour stay in the emergency room, Bradley was discharged with a diagnosis of a bleeding disorder, abdominal pain, and gastroenteritis. Approximately twelve to fourteen hours after his discharge, Bradley died.

Following trial, the jury rendered a verdict for the plaintiffs. In answering the jury interrogatories, the jury found that both Dr. Denson and Charity Hospital breached the applicable standard of care owed to Bradley. The jury further found that the breach by Dr. Denson was not a proximate cause of the damages suffered by the plaintiffs, but that the breach by Charity was a proximate cause of the damages. It is from this judgment that Charity Hospital appeals. Ms. Papania has filed a cross appeal in which she alleges that the jury erred in finding that Dr. Denson’s breach was not a proximate cause of their damages.

I «ASSIGNMENTS OF ERROR

I. In its appeal, Charity Hospital contends that the jury erred in finding it independently hable, separate and distinct from its vicarious liability for any of its employee health care providers.
II. In her cross-appeal, Ms. Papania contends that the jury erred in finding that Dr. Denson’s breach of the standard of care was not a proximate cause of Bradley’s death.

DISCUSSION

It is well settled that a court of appeal may not set aside a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong; and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are reasonable. Johnson v. Morehouse General Hosp., 2010-0387, p. 12 (La.5/10/11), 63 So.3d 87, 96; Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). To reverse a jury’s factual findings, an appellate court must satisfy a two-step process based on the record as a whole: there must be no reasonable factual basis for the trial court’s conclusion, and the finding must be clearly wrong. Johnson, 2010-0387 at p. 12, 63 So.3d at 96; Kaiser v. Hardin, 2006-2092, pp. 11-12 (La.4/11/07), 953 So.2d 802, 810. Where there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly erroneous or clearly wrong. Johnson, at p. 12, 63 So.3d at 96; Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978).

I. Charity Hospital’s independent liability.

In order to recover damages for the independent liability of a hospital in a medical malpractice case, the plaintiff must establish the following elements through expert medical testimony: (1) the standard of care applicable to the defendant health-care provider; (2) breach of the standard of care by the defendant [260]*260health-care provider; (3) cause-in-fact between the breach and the damages [.¡suffered; and (4) actual damages. La. R.S. 40:1299.39; Marchetta ex rel. Marchetta v. CPC of Louisiana, Inc., 99-0485, p. 11 (La.App. 4 Cir. 3/22/00), 759 So.2d 151, 158. Charity Hospital asserts that the jury’s finding that Charity Hospital breached the standard of care and that this breach was a proximate cause of the damages suffered by the plaintiffs is contrary to the evidence and the law. Further, Charity Hospital alleges that Ms. Papania failed to provide expert testimony of administrative negligence on its part. This assignment of error is without merit.

Our courts have formulated duties of care on an individual basis to determine when a hospital is responsible for its own acts or omissions which cause injury to a patient. Sibley v.

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108 So. 3d 256, 2013 WL 117289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/papania-v-state-ex-rel-board-of-supervisors-of-louisiana-state-university-lactapp-2013.