Presbyterian Community Hospital of Denton v. Smith

314 S.W.3d 508, 2010 Tex. App. LEXIS 3802, 2010 WL 1999299
CourtCourt of Appeals of Texas
DecidedMay 20, 2010
Docket2-09-288-CV
StatusPublished
Cited by13 cases

This text of 314 S.W.3d 508 (Presbyterian Community Hospital of Denton v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Presbyterian Community Hospital of Denton v. Smith, 314 S.W.3d 508, 2010 Tex. App. LEXIS 3802, 2010 WL 1999299 (Tex. Ct. App. 2010).

Opinion

OPINION

ANNE GARDNER, Justice.

I. Introduction

In this interlocutory appeal, Appellants Presbyterian Hospital of Denton d/b/a Presbyterian Hospital of Denton and Chad Hammonds, R.N. (collectively, the Hospital) argue that the trial court abused its discretion by denying the Hospital’s motion to dismiss. We affirm the trial court’s order.

II. Procedural Background

Appellees Connie Smith, Individually, and as Personal Representative of the Estate of Thomas Edward Smith, Deceased, and as Next Friend for Thomas Anthony Smith, a Minor, and Douglas and Stephanie Smith (collectively, the Smiths) sued the Hospital on September 2, 2008. The Smiths asserted that the Hospital, by and through its nurse-employees, acted negligently in its care and treatment of Thomas Edward Smith. On December 31, 2008, the Smiths served the Hospital with expert reports by Dr. Michael E. Halkos, a car-diothoracic surgeon, and Dean W. Hay-man, R.N., a registered nurse specializing in cardiac and critical care nursing. The Hospital filed a motion to dismiss and argued Dr. Halkos’s and Nurse Hayman’s expert reports do not meet the statutory requirements because they do not constitute “an objective good faith effort to provide a fair summary of the alleged experts’ opinions on the standard of care, alleged breach thereof, and how any alleged breach by [the Hospital] caused [the Smiths’] damages.”

After a hearing, the trial court denied the Hospital’s motion as to Dr. Halkos’s report. The trial court partially denied and partially granted the Hospital’s motion as to Nurse Hayman’s report and granted the Smiths an extension to supplement Nurse Hayman’s report if they chose to do so. 1 The Smiths then served the Hospital *511 with a supplemental report from Nurse Hayman, and the Hospital again objected. After a hearing, the trial court overruled the Hospital’s objections to the supplemental report. This interlocutory appeal followed. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(9) (Vernon 2008); Lewis v. Funderburk, 253 S.W.3d 204, 208 (Tex.2008) (authorizing appeal from trial court order determining that expert report was adequate and denying motion to dismiss).

III. Factual Background

The Smiths’ fourth amended petition, their live pleading at the time of the second hearing on the Hospital’s motion to dismiss, contains the following allegations relevant to their claims against the Hospital.

On June 21, 2006, Mr. Smith presented to the emergency department at the Hospital with intermittent headaches, feverishness, increasing malaise and shortness of breath, minimal cough, shoulder and back pain, and leg swelling. He was admitted to the Hospital for further evaluation and treatment. Tests revealed “the presence of bilateral pneumonia and moderate renal compromise” and “severe tricuspid regurgitation with vegetations present.” Mr. Smith’s blood cultures were also positive for methicillin-sensitive Staphylococcus au-reus, and he was treated with intravenous antibiotics.

Because of his diagnosis of tricuspid valve endocarditis, Mr. Smith “underwent a tricuspid valve debridement and excision with tricuspid valve replacement” on June 30, 2006. A transesophageal echocardio-gram at the end of the operative procedure “revealed good seating of the valve with no evidence of perivalvular leak, good function of the valve leaflets and ... no evidence of an atrial-ventricular block.” Mr. Smith then returned to the intensive care unit (the ICU) for further treatment and recovery.

On July 4, 2006, Mr. Smith had a Quinton catheter sutured into place in his left internal jugular vein. He tolerated the procedure well, and all catheters in his body were “noted to be free of reddness [sic] or edema.” However, Nurse Ham-monds entered Mr. Smith’s room on July 5, 2006, and found that Mr. Smith “was experiencing agonal respirations,” that “the Quintan [sic] catheter was no longer in its proper place,” and that Mr. Smith “was and had been experiencing significant bleeding.” The medical staff successfully resuscitated Mr. Smith, and he remained in the ICU. Later that day, however, Mr. Smith “was medically assessed that he was not able to follow simple commands, except to open his eyes when his name was called.”

Over the next few days, Mr. Smith continued receiving blood pressure medications and received a new Quinton catheter. He received dialysis therapy, but by July 8, 2006, his “blood pressure continued to drop despite increasing ... his blood pressure medications” and other treatments. Mr. Smith also had “continuous oozing of blood from his mouth, nose, he-modialysis catheter, and scrotal area.” On July 9, 2006, Dr. Mario Ruiz informed Mr. Smith’s wife, Connie, that Mr. Smith was “slowly dying.” On July 10, 2006, “a medical decision was made to withdraw life support measures from Mr. Smith due to his severely [sic] brain damaged [sic] and other conditions, such life support measures were withdrawn from Mr. Smith, and he was pronounced dead” on the evening *512 of July 10, 2006. An autopsy by Dr. Juan Zamora “revealed pathological findings of a status post recent tricuspid valve prosthesis implant showing no complications, hypertrophy of the heart (500g) with organizing fibrinoid percarditis, bilateral gran-ulomata of the lungs, edema of the brain with acute hepatitis, and other findings.”

IY. Standard of Review

A trial court’s ruling concerning an expert report under section 74.351 (formerly article 4590i, section 13.01) of the Medical Liability and Insurance Act is reviewable under the abuse of discretion standard. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351; Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex.2002); Am. Transitional Care Ctrs. of Tex., Inc. v. Palacios, 46 S.W.3d 873, 875 (Tex.2001). To determine whether a trial court abused its discretion, we must decide whether the trial court acted without reference to any guiding rules or principles; in other words, we must decide whether the act was arbitrary or unreasonable. Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex.2004). An appellate court cannot conclude that a trial court abused its discretion merely because the appellate court would have ruled differently in the same circumstances. Bowie Mem’l, 79 S.W.3d at 52; E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 558 (Tex.1995).

V. Statutory Requirements

A health care liability claimant must serve an expert report on each defendant no later than the 120th day after the claim is filed. See Tex. Civ. Prac. & Rem.Code Ann. § 74.351(a).

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314 S.W.3d 508, 2010 Tex. App. LEXIS 3802, 2010 WL 1999299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/presbyterian-community-hospital-of-denton-v-smith-texapp-2010.