Piro v. Chandler

780 So. 2d 394, 2000 WL 1634167
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2001
Docket33,953-CA
StatusPublished
Cited by6 cases

This text of 780 So. 2d 394 (Piro v. Chandler) 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
Piro v. Chandler, 780 So. 2d 394, 2000 WL 1634167 (La. Ct. App. 2001).

Opinion

780 So.2d 394 (2000)

Bernard Salvatore PIRO, Plaintiff-Appellant,
v.
Dr. John M. CHANDLER, Dr. James Kim and Bossier Medical Center, Defendants-Appellees.

No. 33,953-CA.

Court of Appeal of Louisiana, Second Circuit.

November 1, 2000.
Opinion on Rehearing February 28, 2001.

*395 Georgia P. Kosmitis, Shreveport, Counsel for Appellant.

Watson, Blanche, Wilson & Posner, Baton Rouge, By: Randall L. Champagne, Counsel for Appellee Bossier Medical Center.

Before BROWN, STEWART and PEATROSS, JJ.

STEWART, J.

In this medical malpractice action, the jury determined that the defendant, Bossier Medical Center ("BMC"), did not breach the standard of care in the treatment of Salvatore Piro, who died on July 31, 1995 while a patient at BMC. On appeal, Bernard Piro, the plaintiff and son of the deceased, argues that the jury erred in finding no breach of the standard of care. We agree and find that the jury was clearly wrong in finding no breach of the standard of care by BMC. Accordingly, we reverse the judgment of the trial court dismissing the plaintiff's action and remand for further proceedings on the merits of this claim.

FACTS

On the morning of July 13, 1995, Salvatore Piro, age 81, was admitted to BMC by Dr. Janet L. Morehouse, who was the oncall physician for Mr. Piro's treating physician, Dr. John Chandler. Admission to BMC was necessary because Mr. Piro, who had a long history of hiatal hernia and hypertension, was exhibiting symptoms of upper gastrointestinal bleeding. Upon admission to BMC, Mr. Piro underwent an esophagogastroduodenoscopy, or endoscopy, to locate the site of the gastrointestinal bleeding. The endoscopy revealed a Mallory Weiss tear and a large duodenal bulb ulcer. Mr. Piro required transfusion of four units of packed cells to replace blood lost from the bleeding. Following the endoscopy, Mr. Piro was transferred to a room. At about 3:30 p.m., Dr. Morehouse issued orders for Procardia, a medication used to decrease blood pressure, to be given to Mr. Piro up to every four hours if his blood pressure rose above 160/95, meaning a systolic measure greater than 160 and a diastolic measure greater than 95. Medical records indicate that Mr. Piro's blood pressure was taken around 4:00 p.m., at which time his blood pressure was 173/100. However, Procardia was not given to Mr. Piro until approximately 7:45 p.m. when his blood pressure was taken again and shown to be 170/100. Medical records also indicate that by 12:00 a.m. in the morning of July 14, 1993, nurses conducting the shift assessments could not arouse Mr. Piro. According to patient progress notes, Mr. Piro was exhibiting "strident sounding" respirations accompanied by "thick, mucousy rasping in [his] throat." His skin was noted to be "pale *396 and dusky." Dr. Morehouse was called to the hospital, breathing treatments were begun, and Mr. Piro was subsequently transferred to the intensive care unit ("ICU"). Dr. Morehouse suspected that Mr. Piro had suffered a stroke. A scan taken on July 14, 1995 revealed no evidence of hemorrhage or infarction. However, her suspicion was confirmed by a scan taken on July 16, 1995, which showed an infarct involving the pons area of the brain, primarily on the right side.[1] By July 18, 1995, the pontine infarct had extended to the mid and upper portion of the pons and there was an additional early small infarct involving the mid portion of the left temporal lobe. Mr. Piro remained in ICU and died on July 31, 1995. BMC's discharge summary attributes cause of death to "irreversible cerebral damage due to numerous cerebral infarctions."

On January 27, 1999, following an adverse medical review panel decision, Bernard Piro filed the instant medical malpractice action naming as defendants BMC, Dr. Chandler, and Dr. James Kim, a neurologist who treated Mr. Piro after he suffered the stroke. The claim against Dr. Kim was dismissed after the trial court granted summary judgment in his favor; Dr. Chandler settled with the plaintiff. The matter proceeded to trial on the claim remaining against BMC. The plaintiff's theory at trial was that Mr. Piro lost a chance of survival due to the actions of BMC's nursing staff, particularly in the failure to administer Procardia to Mr. Piro as ordered by Dr. Morehouse. This claim was rejected by the jury whose conclusion was that BMC did not breach the standard of care in its treatment of Mr. Piro. Accordingly, the trial court rendered a judgment dismissing the plaintiff's claim against BMC. This appeal followed.

DISCUSSION

In three assignments of error, the plaintiff asks us to review (1) whether the jury erred in its conclusion that BMC did not breach the standard of care in its treatment of Mr. Piro; (2) whether the trial court improperly dismissed jurors for cause, even after they stated they could be impartial despite previous negative experiences at hospitals; and (3) whether the trial court's instruction that the jury must find for BMC if the deceased would have suffered injuries regardless of BMC's actions was improper and contrary to the law regarding proof of a loss of a chance of survival. We will proceed to address the first assignment of error.

Applicable Law

In a medical malpractice action against a hospital, the plaintiff is required to prove, as in any negligence action, that the defendant owed the plaintiff a duty to protect against the risk involved, that the defendant breached its duty, and that injury was caused by the breach. Smith v. State, through Department of Health and Human Resources, 523 So.2d 815 (La. 1988); Hunter v. Bossier Medical Center, 31,026 (La.App.2d Cir.9/25/98), 718 So.2d 636; Moore v. Willis-Knighton Medical Center, 31,203 (La.App.2d Cir.10/28/98), 720 So.2d 425. In brief, the plaintiff must prove the standard of care, the violation or breach of the standard of care, and the causal connection between the alleged negligence and injuries. Turner v. Stassi, 33,022 (La.App.2d Cir.5/10/00), 759 So.2d 299.

A hospital is bound to exercise the degree of care toward a patient that his or her condition requires and to protect the patient from external circumstances peculiarly within the hospital's control. The determination of whether a hospital has breached the duty of care owed a patient depends on the facts and circumstances of each particular case and is a question of fact for the jury. Moore, supra; Borne v. St. Francis Medical Center, 26,940 (La.App.2d Cir.5/10/95), 655 *397 So.2d 597, writ denied, 95-1403 (La.9/15/95), 660 So.2d 453. Similarly, the applicable standard of care is determined from the particular facts of a case, including evaluation of expert testimony. Corley v. State, through Department of Health and Hospitals, 32,613 (La.App.2d Cir.12/30/99), 749 So.2d 926; Hebert v. La-Rocca, 97-433 (La.App. 3d Cir.12/10/97), 704 So.2d 331.

In a medical malpractice action, great deference is due the jury's findings when medical experts express differing views, judgments, and opinions as to whether the standard of care was met. Hunter, supra. The jury's findings of fact should be upheld unless shown to be clearly wrong or manifestly erroneous. Moore, supra; Martinez v. Schumpert Medical Center, 27,000 (La.App.2d Cir.5/10/95), 655 So.2d 649. Reversal of the fact finder's determinations requires the appellate court to conclude that no reasonable factual basis exists for the fact finder's findings and to determine that the record establishes that such findings are clearly wrong or manifestly erroneous. Stobart v.

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Cite This Page — Counsel Stack

Bluebook (online)
780 So. 2d 394, 2000 WL 1634167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piro-v-chandler-lactapp-2001.