Price v. Medical Center of Louisiana at New Orleans-University Campus

804 So. 2d 743, 2001 La. App. LEXIS 2985, 2001 WL 1562629
CourtLouisiana Court of Appeal
DecidedDecember 5, 2001
DocketNos. 2000-CA-2203 to 2000-CA-2205
StatusPublished
Cited by1 cases

This text of 804 So. 2d 743 (Price v. Medical Center of Louisiana at New Orleans-University Campus) 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
Price v. Medical Center of Louisiana at New Orleans-University Campus, 804 So. 2d 743, 2001 La. App. LEXIS 2985, 2001 WL 1562629 (La. Ct. App. 2001).

Opinion

1 Judge TERRI F. LOVE.

Defendant, Medical Center of Louisiana at New Orleans-University Campus, appeals the trial court’s judgment finding it liable for the act of medical malpractice upon Plaintiff, Delphine Price. For the following reasons we amend the judgment and as amended, we affirm.

FACTS AND PROCEDURAL HISTORY

On November 22, 1996, Plaintiff, Del-phine Price (“Ms. Price”), was admitted to Charity Hospital of New Orleans (“Charity”) for laparoscopic surgery to remove an ovarian mass. On this date, Dr. Susan Webb (“Dr. Webb”) and her assistant, Dr. Kelsey James (“Dr. James”), performed the laparoscopic surgery. After inserting a Veress needle into Ms. Price’s abdomen, [746]*746Dr. Webb noticed that blood had accumulated in a cul-de-sac, which is typically indicative of a bowel puncture. Thereafter, she summoned Dr. David Kaplan (“Dr. Kaplan”), a fourth year resident, to inspect and repair the bowel. Dr. Kaplan located one puncture in the bowel and “ran” the rest of the bowel, in search of a possible corresponding second puncture. Unable to locate a second puncture, Dr. Kaplan concluded the surgery. The day after the surgery, on November 23, 1996, it is alleged that Ms. 1 aPrice’s developed Adult Respiratory Distress Syndrome (“ARDS”) and became anemic. On November 27, an x-ray showed that the free air in Ms. Price’s abdomen had increased from the amount shown previously. She underwent surgery to uncover the source of her declining health. Upon surveying her bowel, it was discovered that there was a second puncture wound next to the first puncture wound that had been repaired by Dr. Kap-lan. Ms. Price remained in the hospital for twenty days following this second surgery. Plaintiff alleges that Dr. Kaplan’s malpractice caused him to improperly inspect the bowel, thereby failing to find and repair the second puncture wound. In opposition, Defendant alleges that Dr. Kaplan properly “ran” the bowel in search of the second puncture wound; however, in spite of his diligence and through no fault of his own, he was unable to locate the second puncture wound.

A medical review panel reviewed Dr. Kaplan’s actions. The three physicians on the medical review panel, Dr. Neil Wolf-son, Dr. Charles Chappius, and Dr. Richard Karlin, unanimously agreed that Dr. Kaplan failed to meet the acceptable standard of care. Sometime after the medical review panel’s decision, Dr. Karlin reconsidered his opinion and decided that Dr. Kaplan’s actions did not fall below the acceptable standard of care.

This matter went to bench trial on February 7, 2000. The trial judge found that Dr. Kaplan had committed medical malpractice and awarded Ms. Price $350,000 in general damages.

Defendant specifically alleges that the trial court erred because it: 1) applied the wrong standard of care when determining whether Dr. Kaplan’s failure to locate the second bowel perforation constituted a breach of the standard of care, 2) concluded that Ms. Price’s memory loss or cognitive difficulties were related to |sthe surgeries, 3) awarded general damages of $350,000 and 4) failed to credit defendants for the costs of the Medical Review Panel.

STANDARD OF REVIEW

It is well settled that a trial court’s findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous. Syrie v. Schilhab, 96-1027 (La.5/20/97), 693 So.2d 1173, 1176. Thus, in order to reverse a trial court’s finding of facts, an appellate court must first determine, after reviewing the record in its entirety, that a reasonable factual basis does not exist for the finding and that the record establishes that it is clearly wrong. Mart v. Hill, 505 So.2d 1120 (La.1987).

I. Did the trial court apply the wrong standard of care when determining that Dr. Kaplan’s failure to locate the second bowel perforation was a breach of the applicable standard of care?

In a medical malpractice action against a healthcare provider, the patient must prove by a preponderance of the evidence that: (1) the doctor’s treatment fell below the ordinary standard of care required of physicians in his medical specialty; and (2) that the doctor’s substandard care caused the injury sustained. La. [747]*747R.S. 9:2794; Byrd v. State, Through Dept. of Public Safety and Corrections, 93-2765 (La.5/23/94), 637 So.2d 114. A physician’s duty is to exercise the degree of skill ordinarily employed by his professional peers under similar circumstances. Coleman v. Deno, 99-2998 (La.App. 4 Cir. 4/25/01), 787 So.2d 446. In regards to the source of a plaintiffs ailment or injury, causation is a question of fact to which the trial court’s determinations will not be disturbed absent manifest error.

Defendant argues that the trial court failed to apply the proper standard of care because it alleges that the trial court used an “outcome-determinative” analysis in evaluating Dr. Kaplan’s actions instead of determining whether he | ¿exercised the degree of skill and care ordinarily exercised by those similarly situated. Defendant argues that the trial court simply determined that by virtue of Dr. Kaplan’s failure to find the second perforation, he must have committed malpractice. However, Defendant argues that the test is not whether Dr. Kaplan actually found the second hole, but whether he exercised the proper procedure to find the hole, regardless of whether he actually found the hole or not.

Defendant misrepresents the trial judge’s analysis in finding that Dr. Kaplan failed to meet the applicable standard of care. At trial, the physicians who testified as to the procedure required for running the bowel, stated that the proper way to do so is to take the small bowel, which is estimated to be approximately 30 feet in length, and examine it section by section on each side. Additionally, they testified, that ideally, for penetrating injuries, if a physician finds one hole, he should suspect that a second one exists. Therefore, when running the bowel, if one hole is found, the physician should be in search of a second corresponding perforation.

In this case, trial testimony indicated that the first and second perforation had actually been adjacent to one another; yet, when examining the bowel, Dr. Kaplan only located one of them. Dr. Kaplan testified that when he was called into repair the hole, he immediately located the first perforation on Ms. Price’s bowel and then, section by section, he examined the rest of the bowel, passing each section to his assistant, Dr. Bushel.1 The trial court judge asked Dr. Kaplan why he didn’t start looking for the second hole in the immediate vicinity of the first hole before running the entire bowel. To this question, Dr. Kaplan explained that he|swanted to examine the bowel in a systematic fashion. The trial judge again reiterated this question to another one of the testifying physicians, Dr. Ruary O’Connell, as to whether it would have been more fruitful to immediately examine the area in the vicinity of the first perforation and then run the entire bowel, instead of first running the bowel from top to bottom in a systematic manner. The testimony at trial was as follows:

Court: Let me try it with you. We know because we have heard that you always look for two perforations, right?
Dr. O’Connell: In that type of injury, yes.
Court: When you find one, you repair it.

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804 So. 2d 743, 2001 La. App. LEXIS 2985, 2001 WL 1562629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-medical-center-of-louisiana-at-new-orleans-university-campus-lactapp-2001.