Reed v. Granbury Hospital Corp.

117 S.W.3d 404, 2003 Tex. App. LEXIS 7535, 2003 WL 22026543
CourtCourt of Appeals of Texas
DecidedAugust 29, 2003
Docket2-01-329-CV
StatusPublished
Cited by75 cases

This text of 117 S.W.3d 404 (Reed v. Granbury Hospital Corp.) 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
Reed v. Granbury Hospital Corp., 117 S.W.3d 404, 2003 Tex. App. LEXIS 7535, 2003 WL 22026543 (Tex. Ct. App. 2003).

Opinions

OPINION

JOHN CAYCE, Chief Justice.

I. Introduction

Jess William Reed, Maureen Reed, Lynn Baugh, Donna Reed, and Jennifer Reed (collectively, the Reeds) appeal from a summary judgment for Granbury Hospital Corporation d/b/a Lake Granbury Medical Center (the Hospital) on the Reeds’ medical negligence claims. In three issues, the Reeds contend the summary judgment is improper because the trial court erroneously struck their experts’ testimony on the standard of care; the record contains more than a scintilla of evidence on the standard of care; and the trial court improperly struck certain testimony elicited from a Hospital nurse. Because we conclude that the trial court did not abuse its discretion by striking the experts’ testimony on the standard of care, we will affirm the trial court’s judgment.

[407]*407II. Background Facts

In March 1998, Jess Reed suffered stroke-like symptoms and was taken to the Hospital. Maureen Reed, a registered nurse, had recently heard on a television documentary program that the drug t-PA1 could be used as a “clot-busting” treatment for stroke if administered within three hours after a stroke. Therefore, she chose to have her husband taken to the Hospital, which was only about ten minutes from the Reeds’ Granbury home, rather than to a more distant Fort Worth hospital that the Reeds’ health care plan used.

At the Hospital, Mrs. Reed told Dr. Don Davis, the emergency-room physician, that she had heard about t-PA and, “if possible, [she] wanted Jess to get this.” Dr. Davis said nothing, turned around, and walked back into the emergency room. After Mr. Reed was admitted to the Hospital, he was diagnosed as having had a stroke and given a CT scan. The evidence regarding whether Mr. Reed was eligible to receive t-PA is conflicting. Although the radiologist who reviewed the CT scan initially concluded that it was negative for a brain hemorrhage, one of the Hospital’s experts testified by affidavit that the CT scan revealed early signs of brain damage, which would have disqualified Mr. Reed as a t-PA candidate.

After waiting for about forty-five minutes and learning that Dr. Davis “hadn’t done anything” to treat her husband, Mrs. Reed asked to have Mr. Reed transferred to Plaza Medical Center in Fort Worth while there was still time to administer t-PA. Although Mr. Reed was eventually transferred by ambulance to Plaza Medical Center, he arrived there outside the three-hour window for receiving t-PA.2 The Reeds contend that, because he was not administered t-PA, Mr. Reed is significantly and permanently disabled from the stroke.

On the date of Mr. Reed’s stroke, the Hospital had t-PA available and also had a written policy allowing its administration to cardiac patients. The Hospital did not, however, have a protocol for administering t-PA to stroke victim's, and it had no written standard of care for stroke patients. Dr. Davis testified that, although he did not rely on the Hospital to advise him regarding what medical treatments were appropriate for a patient, including Mr. Reed, he did not consider administering t-PA to Mr. Reed without a Hospital protocol.

Dr. Davis believed that the Hospital lacked the medical staff (a neurologist or neurosurgeon) and equipment necessary to safely administer t-PA to stroke patients. He testified that a neurological group from Fort Worth had made a presentation to the Hospital’s emergency room staff and offered to make arrangements to administer t-PA in Fort Worth to the Hospital’s stroke patients should the need arise. Dr. Davis had consulted with the neurological group on several occasions, but the patients involved had never met the criteria, “time-wise or other contraindication,” to be transferred to a Fort Worth hospital for t-PA administration. The record does not indicate whether Dr. Davis consulted with the neurological group concerning Mr. Reed.

III. Procedural History

The Reeds sued the Hospital for negligence in the medical treatment Mr. Reed received; however, Dr. Davis was not [408]*408made a defendant. In their petition, the Reeds alleged that the Hospital was negligent in the following respects:

• failing to have adequate medical care policies with respect to the treatment and/or referral of patients with symptoms or conditions like Mr. Reed’s;
• failing to disclose that t-PA was not available to treat stroke victims such as Mr. Reed;
• restricting Dr. Davis from administering t-PA for stroke;
• maintaining a defective protocol for the administration of t-PA for stroke;
• failing to have an effective medical quality assurance process that would have prevented the outcome in Mr. Reed’s case.3

The Hospital moved for summary judgment on the Reeds’ claims on the following grounds:

• the Reeds had presented no rehable scientific evidence regarding the alleged violations of the standard of care applicable to this case;
• the Reeds had presented no rehable scientific evidence of causation;
• as a matter of law, the Reeds could not recover on their theory that the Hospital prevented Dr. Davis from administering t-PA because hospitals are legally barred from practicing medicine.

The Hospital also moved to strike the affidavits and deposition testimony of Drs. Paul K. Bronston and Bruce Adornato, the Reeds’ two designated expert witnesses, on grounds that Drs. Bronston and Ador-nato were not qualified to render expert opinions on the standard of care or causation issues and that their opinions were not rehable under Texas Rule of Evidence 702, E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex.1995), and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).

After a hearing, the trial court ruled that the Hospital had a duty to use reasonable care in formulating the pohcies and procedures that governed its medical staff and nonphysician personnel and to “establish reasonable policies, procedures and protocols regarding standard of care.” However, the trial court granted the Hospital’s motion to strike Drs. Bronston’s and Adornato’s testimony on the standard of care and ruled that they could not testify on any of the standard of care issues in the case. The trial court also sustained the Hospital’s objections to the testimony of Michael Lavender, R.N., a Hospital employee, regarding whether the Hospital’s lack of guidelines prevented the use of t-PA on Mr. Reed.

The trial court granted the Hospital a no-evidence summary judgment on the Reeds’ negligence claims because there was no evidence on the applicable standard of care. The trial court also granted the Hospital summary judgment that the Reeds could not recover based on their theory that the Hospital was liable to them because it had prevented or did not allow the administration of t-PA to stroke patients. The trial court denied the Hospital’s motion to strike Drs. Bronston’s and Adornato’s affidavits based on Dau-bert/Robinson,

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Bluebook (online)
117 S.W.3d 404, 2003 Tex. App. LEXIS 7535, 2003 WL 22026543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-granbury-hospital-corp-texapp-2003.