Renter v. Willis-Knighton Medical Center

679 So. 2d 603, 1996 La. App. LEXIS 1905, 1996 WL 476970
CourtLouisiana Court of Appeal
DecidedAugust 23, 1996
Docket28589-CA, 28590-CA
StatusPublished
Cited by18 cases

This text of 679 So. 2d 603 (Renter v. Willis-Knighton Medical Center) 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
Renter v. Willis-Knighton Medical Center, 679 So. 2d 603, 1996 La. App. LEXIS 1905, 1996 WL 476970 (La. Ct. App. 1996).

Opinion

679 So.2d 603 (1996)

Peggy RENTER, Plaintiff-Appellant,
v.
WILLIS-KNIGHTON MEDICAL CENTER, Defendant-Appellee.

Nos. 28589-CA, 28590-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1996.

*604 Lunn, Irion, Johnson, Salley & Carlisle by Frank M. Walker, Jr., Shreveport, for Plaintiff-Appellant.

Wilson & Stephens by David Paul Wilson, Shreveport, for Defendant-Appellee.

Before SEXTON, NORRIS and WILLIAMS, JJ.

NORRIS, Judge.

In this workers' compensation case, claimant, Peggy Renter, alleged injury resulting from two incidents arising out of and in the course of her employment with Willis Knighton Medical Center ("WKMC"). The two incidents were consolidated at the Office of Workers' Compensation ("OWC") and the first injury (back injury) was not made part of this appeal. After a hearing on February 7, 1995, the hearing officer ruled in favor of the defendant finding that Ms. Renter failed *605 to meet her burden of proof. Ms. Renter appeals from that decree and asserts four assignments of error. For the reasons expressed, we affirm.

Facts and procedural history

On September 19, 1992, Ms. Renter, a registered nurse, was working in the psychiatric unit at WKMC. As part of her normal rounds, she went to check on a patient who, according to Ms. Renter, was under close supervision due to her suicidal tendencies (Nurse Joiner, her supervisor, testified she did not believe the patient was under a suicide watch). Ms. Renter entered the patient's room, but could not find her; she called the patient's name several times with no response. She called again at the closed bathroom door; still getting no response, she entered the bathroom. There she found the patient in a bathtub full of water with her head back and her hair floating on the water. Believing the patient had committed suicide by drowning, Ms. Renter became hysterical, started screaming and urinated on herself. Other testimony at trial revealed that the patient neither committed nor attempted suicide; she was simply taking a bath with her head back washing her hair.[1]

After this incident Ms. Renter reported to the emergency room and was diagnosed with anxiety problems and possible cardiac problems. She was treated for high blood pressure, given medication and discharged home a few hours later. Upon her return home, she went to bed; according to her husband, she slept until the next day.

After Ms. Renter awoke, two other events of note occurred. First, she was drinking from a glass of water or juice and purportedly saw her dead son in the bottom of the glass. Second, she went to take a bath but as she stepped into the bathtub she believed she stepped on her dead son's stomach. Ms. Renter was subsequently treated at Schumpert Medical Center by Dr. Juliana Fort. The record discloses evidence that Ms. Renter's only son died from drowning in 1968 and her pregnant niece committed suicide by drowning some three years prior to the WKMC incident.

Medical Testimony

Dr. Fort, a licensed psychiatrist, testified that she treated Ms. Renter from September 21, 1992 until December 15, 1993. She diagnosed Ms. Renter with Post Traumatic Stress Disorder ("PTSD"), depression and multiple personality disorder. Dr. Fort felt that the PTSD was the primary disabling illness and it was traceable to the WKMC event. However, she was unable to determine which condition rendered Ms. Renter unable to function on the job.

Because Ms. Renter told Dr. Fort she had coped fine after the drownings until the 1992 incident, Dr. Fort felt the previous events coupled with the 1992 incident caused the PTSD symptoms to emerge. However, Dr. Fort admitted she could not definitively relate Ms. Renter's psychiatric problems with any particular event without an accurate medical and work history which she felt was crucial to a proper diagnosis.

Dr. Fort referred Ms. Renter to Dr. Ronald Goebel for psychotherapy. Dr. Goebel, a licensed psychotherapist, saw plaintiff 13 times between March 10, 1993 and September 1, 1993. He agreed with Dr. Fort's diagnosis of PTSD and depression, but did not see evidence of multiple personality disorder. Dr. Goebel testified PTSD is caused when a person is subjected to a stressor that is beyond the normal range of experience of most individuals. He stated Ms. Renter suffered flashbacks involving somebody drowning and that flashbacks were normally evidence of PTSD. Likewise, Dr. Geobel felt that the incident at WKMC would probably not have triggered an emergence of the PTSD symptoms had she not tragically lost her child by drowning.

Furthermore, Dr. Goebel also could not determine whether the incidents occurring at her home after the WKMC incident were flashbacks. However, he accepted the work *606 history she related, to the effect that she was functioning properly prior to the WKMC incident. Thus, he determined the 1992 incident was likely a triggering mechanism for the emergence of the PTSD symptoms.

Dr. Keith Kessel, a psychiatrist, saw plaintiff on a referral from Dr. Fort and treated her from March 30, 1994 through the time of trial. He concurred in Dr. Fort's diagnosis of PTSD after he learned of the drowning in 1968 and Ms. Renter's subsequent hospitalization. He concluded since the drowning was very stressful and outside normal experience, it was the precipitating event for the PTSD. Although Ms. Renter was thereafter able to subsist with the PTSD for several years, the 1992 WKMC incident triggered the reemergence of the symptoms. He felt the PTSD was what kept plaintiff from working. He believed that her "borderline" personality problem (which he attributed to a tumultuous childhood and sexual abuse) led her to misinterpret the 1992 incident; his original information was that a patient had actually drowned at WKMC. He testified that an actual drowning would be more likely to trigger claimant's PTSD; however, a misinterpretation of the incident may have the same effect. In fact, he felt it was possible that her seeing anyone in a bathtub might precipitate emergence of the symptoms. He believed Ms. Renter's day to day experiences would affect the degree to which the PTSD would be symptomatic.

In sum, Dr. Kessel felt the PTSD predated the WKMC incident, but that incident triggered the recurrence of symptoms, provided the history he had was accurate. The effect of the hospital incident stressor would end at some point but other stressors would again trigger the same condition. Dr. Kessel testified he could not state with certainty when the 1992 incident would cease triggering her PTSD. Likewise, he declined to say if that event would maintain her PTSD symptoms for the rest of her life, or even that it was doing so in January 1995.[2]

Dr. Paul Ware, psychiatrist, testified at trial for the defendant. He had extensive experience in treating PTSD as well as personality disorders and has written and lectured extensively on both subjects. Ware saw plaintiff on April 6, 1994 at defendant's request and did both neurological and psychiatric evaluations. Ware had been furnished and read the hospital records, the depositions of the treating physicians, and had also listened to portions of plaintiff's testimony.

Dr. Ware testified after the 1992 incident, Ms. Renter suffered from an acute anxiety reaction or attack which caused fright, elevated blood pressure and an increased pulse. However, he believed the effects of this lasted for less than 24 hours.

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Bluebook (online)
679 So. 2d 603, 1996 La. App. LEXIS 1905, 1996 WL 476970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renter-v-willis-knighton-medical-center-lactapp-1996.