Pugh v. Mayeaux

702 So. 2d 988, 1997 WL 671521
CourtLouisiana Court of Appeal
DecidedOctober 29, 1997
Docket97-053
StatusPublished
Cited by2 cases

This text of 702 So. 2d 988 (Pugh v. Mayeaux) 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
Pugh v. Mayeaux, 702 So. 2d 988, 1997 WL 671521 (La. Ct. App. 1997).

Opinion

702 So.2d 988 (1997)

Kevin PUGH, et al., Plaintiffs-Appellants,
v.
Hayden MAYEAUX, et al., Defendants-Appellees.

No. 97-053.

Court of Appeal of Louisiana, Third Circuit.

October 29, 1997.
Rehearing Denied January 8, 1998.

Joseph A. Koury, Lafayette, for Kevin Pugh, et al.

John Craig Jones, Lafayette, for Hayden Mayeaux, et al.

Marc W. Judice, Lafayette, for Dr. Michael Foreman.

Before DOUCET, C.J., and THIBODEAUX and DECUIR, JJ.

DOUCET, Chief Judge.

In this medical malpractice action, plaintiffs, Kevin and Mavie Pugh, individually, and on behalf of their minor daughter, Tabitha Pugh, appeal a judgment of the trial court, rendered in response to an eleven to one jury verdict, dismissing their suit for damages. We affirm.

PROCEDURAL HISTORY

Plaintiffs' claims were first presented to a medical review panel which, on December 2, 1993, found, "The evidence does not support the conclusion that the defendants, Dr. Hayden Mayeaux [and] Dr. Michael Foreman, failed to meet the applicable standard of care as charged in the complaint." Thereafter, on December 15, 1993, the present suit was filed. The case was first tried to a jury September 13-21, 1995. That proceeding ended with the jury deadlocked and the trial judge declaring a mistrial. The case was retried to a second jury May 21-30, 1996. The present jury found in favor of defendants.

FACTS

This case turns on Mrs. Mavie Pugh's prenatal medical records generated by her treating physicians and those at Abbeville General Hospital, and the interpretation of those records by the various doctors who testified, *989 either at trial, by deposition, or both. Inasmuch as we affirm the judgment of the trial court, we will not examine any evidence or testimony related to Tabitha Pugh other than that which relates to whether the treatment rendered to her mother was below the standard of care and thus the cause of her medical problems.

Plaintiff, Mavie Pugh, first consulted the defendants, obstetricians/gynecologists (OBGYNS), Drs. Hayden Mayeaux and Michael Foreman, on September 24, 1991. At that time, Mrs. Pugh had missed several menstrual periods and suspected that she was pregnant. Dr. Mayeaux confirmed her suspicion and, from the date of the beginning of her last menstrual cycle, which she reported to be July 14, 1991, calculated her expected date of confinement to be April 21, 1992. During that visit her weight was recorded as 196¼ pounds and her blood pressure was found to be 126/80. A medical history was taken and a "high risk screening" form was completed. The form revealed no factors which would classify Mrs. Pugh's pregnancy as high risk. The only significant factor in her medical history was that she had had her gall bladder removed several years earlier.

In the course of her prenatal care, Mrs. Pugh was seen by either Dr. Foreman or Mayeaux (the two physicians care for each others patients interchangeably) a total of seventeen times. On each visit her record was reviewed by the physician seeing her, she was weighed and examined, her vital signs recorded, and a urine specimen taken and analyzed. On five of those visits Mrs. Pugh's systolic blood pressure equaled or exceeded 140. At no time did her diastolic blood pressure exceed 90. Her urine specimens were consistently negative for glucose and only once did a "trace" of albumin appear. Her total weight gain was approximately twenty-three pounds, well within guidelines, and during only one monthly period did her monthly weight gain exceed the recommended rate of not more than six pounds a month (between February 28 and March 31, 1992, she gained seven pounds). However, between March 31 and April 14, 1992, she lost one pound.

During the course of her pregnancy, it was determine that Mrs. Pugh was carrying a rather large baby and defendants ordered the appropriate tests to determine if Mrs. Pugh was physically capable of vaginally delivering the child. The test indicated that she was able to do so.

Mrs. Pugh last saw Dr. Mayeaux, in his office, on the morning of April 28, 1992. Dr. Mayeaux stated that at that time she complained of abdominal discomfort, occasional nausea and vomiting and back pain. He stated that all of these complaints were to be expected in a woman near her term of pregnancy. Dr. Mayeaux testified that Mrs. Pugh was only "finger-tip" dilated and that she was having occasional contractions. He sent her to the hospital for a pelvocephalogram to verify that she was still vaginally able to deliver her child and told her to return home afterwards, but to call if she had any problems. Mrs. Pugh called the office about noon to report that she was not improving, so Dr. Mayeaux told her to report to the hospital. Mrs. Pugh testified that she informed both Dr. Mayeaux and the admitting nurse at the hospital that she had not been able to keep anything on her stomach for the preceding two weeks and that she had severe abdominal pain. Neither the doctor's records nor the hospital records support her testimony. Dr. Mayeaux testified that when Mrs. Pugh was admitted to the hospital he was informed that no fetal monitor was available, as all were in use. He, therefore, ordered the nurse to manually monitor Mrs. Pugh's contractions. Nurse Nunez's testimony and the hospital records support his testimony. Upon admission to Abbeville General at 12:20 P.M., Dr. Mayeaux's diagnosis was that Mrs. Pugh was at term in her pregnancy, possibly in early labor and that she possibly had gastroenteritis. Mrs. Pugh's blood pressure and other vital signs were within normal limits and her urine was negative for both glucose and albumin. Hospital records show she complained of past occasional headaches and blurred vision, but stated that these symptoms were not current. Mrs. Pugh refutes the record claiming she complained of current symptoms. Nurse Nunez's assessment of Mrs. Pugh, which she reported to Dr. Mayeaux, was that Mrs. *990 Pugh was neither in pain nor dehydrated and that she appeared to be in normal condition for a lady nine months pregnant. Because Mrs. Pugh had reported some vomiting earlier in the day, Dr. Mayeaux ordered an I.V. of five percent dextrose in lactated ringers (D5-R/L) started. The hospital records indicate that the laboratory test determined Mrs. Pugh to have normal blood sugar, hemoglobin, blood urea nitrogen (BUN) and creatinine levels. It was established that had she been dehydrated, one would have expected to see an elevated BUN level.

Dr. Foreman took over Mrs. Pugh's care at approximately 4:45 P.M., April 28, 1992. At that time, he called the hospital for her status report. As Mrs. Pugh still had complaints of mild nausea and vomiting, Dr. Foreman ordered Phenergan®, an antinauseant. By this time, a fetal heart monitor had become available and had been attached to Mrs. Pugh. It showed the baby to have a fetal heart rate well within normal limits. Nursing records from the hospital show that between 3:00 P.M. and 11:15 P.M. Mrs Pugh was assessed ten times by the nurse on duty. Her condition was basically unchanged until 11:15 P.M., when Nurse Hollier noted that her temperature had risen to 99.3 degrees and that Mrs. Pugh's abdomen appeared distended. At that time, Mrs. Pugh complained of pain over the entire abdomen and was vomiting a "dark green liquid."

Nurse Hollier immediately notified Dr. Foreman who, for the first time suspected pancreatitis, ordered a "STAT" (immediate) amylase level, the insertion of a nasogastric (NG) tube and suction to empty the stomach and help relieve her nausea, an increase in the rate of Mrs. Pugh's I.V. fluids and a consult with Dr. Weston Miller, a general surgeon. Dr.

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Related

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734 So. 2d 866 (Louisiana Court of Appeal, 1999)
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Bluebook (online)
702 So. 2d 988, 1997 WL 671521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pugh-v-mayeaux-lactapp-1997.