Pinnick v. LA. STATE UNIV. MEDICAL CTR.

707 So. 2d 1050, 1998 WL 78705
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1998
Docket30263-CA
StatusPublished
Cited by13 cases

This text of 707 So. 2d 1050 (Pinnick v. LA. STATE UNIV. MEDICAL CTR.) 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
Pinnick v. LA. STATE UNIV. MEDICAL CTR., 707 So. 2d 1050, 1998 WL 78705 (La. Ct. App. 1998).

Opinion

707 So.2d 1050 (1998)

Carol PINNICK, et al., Plaintiff-Appellant,
v.
LOUISIANA STATE UNIVERSITY MEDICAL CENTER, et al., Defendant-Appellee.

No. 30263-CA.

Court of Appeal of Louisiana, Second Circuit.

February 25, 1998.

*1051 Georgia P. Kosmitis, Shreveport, for Appellant.

Wilkinson, Carmody & Gilliam by Arthur R. Carmody, Jr., Shreveport, for Appellee.

Before GASKINS, CARAWAY and PEATROSS, JJ.

PEATROSS, Judge.

In this medical malpractice action, the surviving children of Ms. Syble Leinweber ("Plaintiffs") appeal the trial court judgment dismissing their claim that defendants breached the appropriate standard of medical care in the treatment of their mother. For the following reasons, we affirm.

FACTS

On April 21, 1991, Ms. Syble Leinweber, age 72, went to the Louisiana State University Medical Center ("LSUMC") emergency room and complained of chest pain. At LSUMC, Ms. Leinweber underwent an electrocardiogram, which showed abnormalities. She was diagnosed as suffering unstable angina and was admitted to LSUMC for further testing and evaluation.

On April 22, 1991, Ms. Leinweber underwent a treadmill "stress test," which was terminated due to fatigue. The results of the "stress test" were "positive" and Ms. Leinweber was scheduled for a cardiac catheterization, which was performed on April 24, 1991. The cardiac catheterization revealed that the first branch of the left main coronary artery was approximately 80-90% blocked, the circumflex coronary artery was approximately 100% blocked and the right coronary artery was approximately 100% blocked. Ms. Leinweber's left main coronary was, however, free of significant occlusive disease and her ventricular systolic function was normal. She was diagnosed as suffering significant three-vessel disease with unstable angina. *1052 Ms. Leinweber and her family were told that she needed surgery for coronary artery bypass grafting.

On April 27, 1991, Ms. Leinweber was discharged from LSUMC, with prescriptions for medications to relieve her symptoms. She was told someone from the hospital would call within approximately a month to schedule the surgery.

On May 7, 1991, Ms. Leinweber returned to LSUMC complaining of fever, sore throat and cough. She was given a prescription for an antibiotic and discharged to home.

On May 9, 1991, Ms. Leinweber returned to the LSUMC clinic, reporting vomiting and shortness of breath. The attending physician told Ms. Leinweber to discontinue the antibiotic. At this visit, Ms. Leinweber and her daughter asked when Ms. Leinweber would be scheduled for surgery, but the attending physician gave her no specific date for surgery at that time, however, and she was discharged to home.

The following day, May 10, 1991, Ms. Leinweber returned to the LSUMC emergency room in distress. She suffered a major, acute myocardial infarction or "heart attack." Ms. Leinweber was hospitalized and remained in LSUMC until May 21, 1991, when she was transferred to Willis-Knighton Medical Center. She died at Willis-Knighton Medical Center on May 24, 1991.

Plaintiffs filed a complaint under the Louisiana Medical Malpractice Act against the State of Louisiana, through the Department of Health and Hospitals, and LSUMC ("Defendants"). On May 24, 1994, the medical review panel unanimously held that the evidence did not support the conclusion that Defendants failed to comply with the appropriate standard of care.[1]

Subsequently, Plaintiffs filed a wrongful death and survival action in district court. After a bench trial on June 25-27, 1996, the trial court rendered judgment rejecting Plaintiffs' demands. Plaintiffs appeal from this judgment.

In their first assignment of error, Plaintiffs assert that (1) the trial court erred in finding that Defendants obtained informed consent; (2) the trial court erred in finding Defendants' treatment of Syble Leinweber was reasonable and diligent and exercised with best judgment; and (3) the trial court erred in applying the burden of proof in this medical malpractice action. In their second assignment of error, Plaintiffs argue the trial court erred in not awarding damages. We address the issues in the first assignment of error, but, because we affirm the trial court's decisions on those issues, do not reach the issue of damages set forth in Plaintiffs' second assignment of error.

DISCUSSION

I. Did the trial court err in finding that Defendants obtained informed consent?

We first address Plaintiffs' assertion that the trial court erred in finding that Defendants obtained informed consent. Plaintiffs argue that the record clearly shows that the defendant physicians failed to disclose the material risks of heart attack and sudden death to Ms. Leinweber and her family. Disclosure of these material risks, Plaintiffs argue, would have indicated to Ms. Leinweber that she should not wait to be scheduled for the bypass surgery at LSUMC, but should seek immediate surgery elsewhere. Defendants urge that the issue of consent was not pled in the medical review panel proceeding nor in the petition filed in district court and, therefore, cannot properly be considered on appeal.

Pretermitting any discussion of whether the informed consent issue was properly raised at the medical malpractice panel and trial court levels, we find that there is evidence in the record to support a finding that Plaintiffs failed to prove a lack of informed consent.

*1053 Where the circumstances permit, the patient should be told the nature of the pertinent ailment or condition, the general nature of the proposed treatment or procedure, the risks involved therein, the prospects of success, the risks of failing to undergo any treatment or procedure at all, and the risks of any alternate methods of treatment. Hondroulis v. Schuhmacher, 553 So.2d 398 (La.1988); Yuska v. HCA Health Services of Louisiana, Inc., 28,878 (La.App.2d Cir. 12/11/96), 684 So.2d 1093; Roberts v. Cox, 28,094 (La.App.2d Cir. 2/28/96), 669 So.2d 633.

In a medical malpractice action based on inadequate disclosure of risk information by a physician, the patient must provide evidence to establish prima facie the essential elements of the cause of action. The plaintiff bears the burden of proving the existence of a material risk unknown to the patient; a failure to disclose the risk on the part of the physician; that disclosure of the risk would have led a reasonable patient in plaintiff's position to reject the medical procedure or choose a different course of treatment; and injury. Yuska v. HCA Health Services of Louisiana, Inc., supra; Roberts v. Cox, supra.

The materiality of a risk depends on the existence and nature of the risk and the likelihood of its occurrence. Expert testimony is required regarding these elements. Hondroulis v. Schuhmacher, supra; Yuska v. HCA Health Services of Louisiana, Inc., supra. Materiality also means that a person in the plaintiff's position would attach significance to the particular risk. This inquiry does not require expert testimony. Hondroulis v. Schuhmacher, supra; Yuska v. HCA Health Services of Louisiana, Inc., supra. The physician need not disclose risks that are not reasonably foreseeable. Yuska v. HCA Health Services of Louisiana, Inc., supra; Smith v. Lincoln General Hospital, 27,133 (La.App.2d Cir. 6/21/95), 658 So.2d 256, writ denied, 95-1808 (La.10/27/95), 662 So.2d 3.

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Bluebook (online)
707 So. 2d 1050, 1998 WL 78705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinnick-v-la-state-univ-medical-ctr-lactapp-1998.