Pontiff v. Pecot & Associates Rehabilitation & Physical Therapy Services, Inc.

780 So. 2d 478, 0 La.App. 3 Cir. 1203, 2001 La. App. LEXIS 49, 2001 WL 83380
CourtLouisiana Court of Appeal
DecidedJanuary 31, 2001
DocketNo. 00-1203
StatusPublished
Cited by5 cases

This text of 780 So. 2d 478 (Pontiff v. Pecot & Associates Rehabilitation & Physical Therapy Services, Inc.) 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
Pontiff v. Pecot & Associates Rehabilitation & Physical Therapy Services, Inc., 780 So. 2d 478, 0 La.App. 3 Cir. 1203, 2001 La. App. LEXIS 49, 2001 WL 83380 (La. Ct. App. 2001).

Opinion

| THIBODEAUX, Judge.

The defendant, Pecot and Associates Rehabilitation and Physical Therapy Services, Inc., appeals a" judgment awarding $327,649.84 to the plaintiff, Richard James Pontiff, in this negligence suit. After a nonjury trial, the trial court concluded that the defendant negligently rendered substandard postoperative physical therapy care to Mr. Pontiff.

We affirm.

I.

ISSUES

We shall address the following issues:

(1)whether the trial court erred in denying defendant’s Motion for New Trial on the issue of future lost wages where plaintiff failed to carry his burden of proof and failed to present any medical evidence indicating with reasonable certainty that the plaintiff has a residual disability causally related to the incident at issue;
(2) whether the trial court erred in finding that the conduct of the defendant fell below the standard of care required of physical therapists in 1993; and,
(3) whether the trial court erred in finding that plaintiff carried his burden of proof to show that defendant’s conduct was causally related to plaintiffs injury.

II.

FACTS

Mr. Pontiff had a herniated interverte-bral disc at T5-6. In January of 1993, he began experiencing pain in the middle of his thoracic region radiating at times to the right anterior thigh and occasionally to the right inguinal region. He was Preferred to Dr. Luiz C. deAraujo, a neurological surgeon, by his attending internist, Dr. N.C. Boudreaux. On March 15, 1993, he was examined by Dr. deAraujo. Dr. deAraujo recommended Mr. Pontiff undergo a thoracic microdiscectomy by a transthoracic approach. On April 8, 1993, Mr. Pontiff underwent the microdiscecto-my. Prior to this surgery, Dr. Charles Boustany, a cardiothoracic surgeon, performed a right thoracotomy in order that Dr. deAraujo would have access to the spine. During the thoracotomy, Dr. Bous-tany opened Mr. Pontiffs chest, collapsed his lung, and separated the lung and major vessels from the spine so that Dr. deArau-jo would be able to approach the spine in order to perform the microdiscectomy. The latissimus dorsi muscle was divided and then sutured together during the procedure. According to Drs. Boustany and deAraujo, the surgery was successful.

On April 19, during his examination of Mr. Pontiff, Dr. deAraujo noted that Mr. Pontiff was recovering well and experiencing only some mild operative site pain. He found that the thoracotomy wound was well healed and removed the surgical sta-[481]*481pies. Dr. deAraujo then prescribed physical therapy for Mr. Pontiff. Dr. deArau-jo’s physical therapy prescription called for the following: a PT to the thoracic area and the lumbosacral spine five times a week for eight weeks; ultrasound; ice and hot packs; fluoromethane spray; pool therapy; swimming programs; and ROM,streteh-Ex. Dr. deAraujo testified in his deposition that “ROM,stretch-Ex” was to be interpreted as range of motion and stretching exercises.

Mr. Pontiff began physical therapy with Pecot and Associates Rehabilitation and Physical Therapy Services, Inc. (Pecot and Associates) on May 11, 1993. During his first visit, Mary Pecot conducted an initial evaluation of Mr. Pontiff. She noted that his chief complaint was pain in the thoracic area of the scar Land along the medial scapular border. She noted tenderness along the medial border and moderate muscle spasm on the right side. She used this information and the prescription in formulating Mr. Pontiffs treatment plan. Kim Morris, a physical therapy assistant, supervised most of his therapy. Mr. Pontiff’s therapy with Pecot and Associates initially consisted of the application of ice packs, a heat pack, ultrasound, warm-up exercises and pool therapy. Within the first month, Ms. Pecot introduced resistance exercises into Mr. Pontiffs therapy. This included resistive training on the Hydra-Fitness machine, a type of hydraulic resistive equipment. This training allows a particular muscle to be exercised concentrically in both directions. The particular machine used by Mr. Pontiff was the butterfly machine, a strength training machine. He began working out on the butterfly machine on June 16.

On June 24, Ms. Pecot added the aerobic bike to his therapy. Mr. Pontiff was instructed to ride for a half-mile circuit and then to use the resistive machines immediately following his aerobic training on the bicycle. He stated that while he was using the butterfly machine, he felt something “pop” in his right flank which caused his right side to “blow out.” Dr. deAraujo examined him on Juné 30 and noted a clear spasm of the muscle. Dr. deAraujo advised rest and referred him to Dr. Steven J. Snatic, a neurosurgeon, for additional consultation. Dr. Snatic stated in his letter to Dr. deAraujo of August 10, 1993, that Mr. Pontiff reported experiencing a burning pain along the thoracic scar at the time of the “pop” on June 24, and had continued to experience pain along the thoracic spine, in the area of the incision, and in his lower back. Mr. Pontiff also claimed to feel pulling sensations and pain along the scar, tingling of the buttocks, and occasional pain along his right lateral thigh. Dr. Boustany examined him on July 15, 1993. During this exam, he found a separation on the suture line of the latissimus muscle which had been sutured during surgery. _]iáAt the time of the examination he was uncertain as to whether the muscle was completely dehisced, or separated. He did, however, think that Mr. Pontiff probably had torn away some of the muscle along the suture line. He initially prescribed rest to see if the muscle would heal on its own. However, on September 8, 1993, he reexamined Mr. Pontiff and found that the latissimus dorsi muscle had separated and was partially torn. Dr. Bousta-ny performed another surgery to repair the muscle. He reopened the thoracotomy incision and recut the latissimus muscle. He recut the serratus which was detached away from the chest wall. The muscle layers were then reapproximated using a number 1 Vicryl suture.

In spite of the surgery, Mr. Pontiffs pain continued to worsen. On March 17, 1994, he filed a petition for damages against Pecot and Associates and Ms. Morris. Mr. Pontiff alleged Pecot and Associates had been negligent in failing to properly train, supervise, and monitor its employees such as Ms. Morris, and that Pecot and Associates was otherwise negligent. With respect to Ms. Morris, Mr. Pontiff alleged that she had failed to exercise the degree of care and skill ordinarily [482]*482exercised by physical therapists, that she had failed to heed his protests that he could not perform the physical therapy treatments she was supervising, that she had failed to stop performing physical therapy treatments once he began to complain that he was in pain, and that she had been otherwise negligent.

In early 1995, Dr. Mark Warner, Ph.D., assistant professor of clinical psychology in the Louisiana State University Medical Center, found he was suffering from depression due to chronic pain following the injury. Dr. Warner referred him to Coping Skills Development, Inc., a program of pain management. Mr. Pontiff began therapy for his chronic pain with Dr. Jimmie D. Cole, Ph.D., on June 29, 1995.

IsA trial was held in October, 1999. The court awarded Mr.

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Bluebook (online)
780 So. 2d 478, 0 La.App. 3 Cir. 1203, 2001 La. App. LEXIS 49, 2001 WL 83380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pontiff-v-pecot-associates-rehabilitation-physical-therapy-services-lactapp-2001.