Phuong Nguyen v. Tama

688 A.2d 1103, 298 N.J. Super. 41, 1997 N.J. Super. LEXIS 87
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 27, 1997
StatusPublished
Cited by12 cases

This text of 688 A.2d 1103 (Phuong Nguyen v. Tama) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phuong Nguyen v. Tama, 688 A.2d 1103, 298 N.J. Super. 41, 1997 N.J. Super. LEXIS 87 (N.J. Ct. App. 1997).

Opinion

The opinion of the court was delivered by

VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

Defendant, Ronald Jaffee, M.D. (“Dr. Jaffee” or “defendant”), plaintiffs obstetrician, appeals from a medical malpractice verdict in. the amount of $1,162,100 plus prejudgment interest. We affirm.

Plaintiff became pregnant in early 1989. Plaintiff engaged the services of defendant’s medical group for her prenatal care. She visited defendant’s offices on April 10 and May 3, 1989, while she was in her second trimester of pregnancy. Plaintiff had additional prenatal visits on June 7, July 5, and July 25. During these checkups, plaintiffs blood pressure was recorded as 100 over 70, urine samples were negative for protein, and she had experienced normal weight gain.

Plaintiff had her last prenatal checkup on August 22, 1989. At this time, plaintiffs blood pressure was 120 over 86. She had a three plus reading for protein in her urine. Additionally, she had gained nine pounds since her previous checkup. Defendant indicated that these values, in light of the information he had regarding his patient, did not in his judgment require aggressive patient [45]*45management, such as immediate admission to the hospital to induce labor.

On August 31, 1989 at 10:00 a.m., plaintiff went to Cooper Hospital, in an advanced stage of labor. Nurse Sue Sherman admitted plaintiff to the delivery and labor unit. At 10:15 a.m., Sherman made a note in plaintiffs chart indicating that plaintiffs initial blood pressure was 170 over 120. Plaintiff was then rolled to her left side and another blood pressure reading was taken which showed that plaintiffs blood pressure had changed to 186 over 118. Sherman’s note also indicated that plaintiffs reflexes were plus two and there was a “large amount of edema noted in legs.” A resident on duty at this time, Dr. Maccarone, indicated that plaintiffs condition was not normal of edema in that she had “massive pitting lower extremity, edema on both sides” and that she also tested abnormally for deep tendon reflexes.

When defendant arrived on the scene, he was given plaintiffs records and was asked if he wished to administer magnesium sulfate to lower the patient’s blood pressure. Dr. Jaffee did not order magnesium sulfate, nor did he order a urine test for protein.

Plaintiffs blood pressure was recorded regularly up until delivery. Plaintiffs baby was born at 12:05 p.m. and the next recorded blood pressure was at 12:45 p.m. Plaintiff suffered a stroke during or immediately after delivering the baby, her first child.

Evidence was presented to the jury indicating that there were some complications with plaintiffs delivery. Dr. Maccarone testified that there was some indication that plaintiffs delivery was slightly abnormal in that her leg fell out of the delivery stirrup. Plaintiffs expert testified that, “We do know from subsequent notes that at some point after the delivery before going to recovery, the patient was felt to have a leg falling from the stirrup and that she was particularly lethargic or drowsy.”

In his deposition, defendant was asked about a visit he paid to the plaintiff after he was informed of her paralysis later on the [46]*46day of her delivery. At that time he attributed the weakness in plaintiffs leg to some cerebral accident. Later, in his deposition, defendant stated that someone made a note in plaintiffs chart that her leg had fallen off of the delivery table. On cross-examination at trial, defendant was confronted with this statement, and he stated that his deposition testimony was “obviously incorrect” and he felt the plaintiffs stroke occurred in the recovery room.

Defendant co-signed the standard postpartum orders written by Dr. Maccarone. Recovery room nurses took plaintiffs blood pressure at 12:45 p.m., 1:00 p.m. and 1:55 p.m. There were no recorded blood pressures from 1:55 to 4:00 p.m. At 4:00 p.m., Nurse E. Boale. found plaintiffs right arm dangling off of her stretcher. Plaintiff was unable to control both her right arm and leg.

Plaintiff sustained a stroke to the left side of her brain which has interfered with her speech, rendered her right hand virtually useless and impaired her ability to walk. She will never be able to deal blackjack at the Atlantic City casino where she had previously been employed prior to the delivery of this child.

Plaintiff filed a complaint against the various defendants. The complaint alleged medical malpractice against defendants, Cooper Hospital, Dr. Albert Tama, Dr. Ronald Jaffee, Dr. Maccarone, Nurse Sue Sherman, Nurse K. Grippi and Nurse E. Boale. Plaintiff charged that the careless, reckless and negligent acts of the defendants, which took place over the course of her prenatal care and delivery, deviated from accepted medical standards and caused plaintiff to suffer severe, disabling and permanent injuries.

Prior to the trial, Tama, Maccarone and Sherman were dismissed as defendants. At the conclusion of the plaintiffs case after eight days of trial, defendants Cooper Hospital, Grippi and Boale were dismissed as defendants.

Ultimately, the jury found defendant, Dr. Jaffee, liable and awarded plaintiff damages in the amount of $1,162,100, which including prejudgment interest constituted a total judgment of [47]*47$1,422,155.69. Defendant filed a motion for a new trial or for judgment n.o.v. The motion was denied. This appeal followed.

I.

Plaintiff alleges that defendant was negligent in failing to diagnose and treat the condition known as preeclampsia. This condition resulted in plaintiff suffering a cerebral hemorrhage, leaving her partially paralyzed and aphasic.

Preeclampsia is a fairly common condition of late pregnancy which is characterized by an increase in the patient’s blood pressure, by a tendency toward excessive weight gain and excessive fluid accumulation, and by the appearance of protein in the urine which is not normally present even during pregnancy. Its exact cause is still unknown. It affects the body by causing spasms of the blood vessels. The main dangers to the mother suffering from untreated preeclampsia are seizures, strokes, coma, brain hemorrhage and death. Obstetricians normally look for evidence of preeclampsia at every prenatal visit. This is one of the reasons that the patient’s blood pressure and weight are checked, why the extremities are checked for signs of edema, (excessive fluid accumulation), and why the urine is tested for the presence of protein. Preeclampsia causes an elevation in blood pressure which can range from mild to severe or profound. The increased blood pressure in turn causes spasm of the blood vessels with resulting damage to the vessel.

The hospital records, which were admitted into evidence, contain a preprinted form used by the obstetrical department, on which there is printed a “checklist”, and the definition of preeclampsia. On a page from the patient’s own hospital chart, “severe preeclampsia” was defined as blood pressure greater than 160/110, or proteinuria greater than “2 +” after 26 weeks of gestation. We noted earlier that the patient’s blood pressure had been as high as 186 over 118.

Plaintiffs treating neurologist, Dr. Hillard Scharf, testified that plaintiff had suffered an intracerebral accident. This “accident” [48]*48caused language dysfunction and right side paralysis. These conditions are permanent. Another expert, Dr.

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Bluebook (online)
688 A.2d 1103, 298 N.J. Super. 41, 1997 N.J. Super. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phuong-nguyen-v-tama-njsuperctappdiv-1997.