Reynier v. Delta Women's Clinic, Inc.

359 So. 2d 733
CourtLouisiana Court of Appeal
DecidedMay 10, 1978
Docket9083
StatusPublished
Cited by1 cases

This text of 359 So. 2d 733 (Reynier v. Delta Women's Clinic, Inc.) 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
Reynier v. Delta Women's Clinic, Inc., 359 So. 2d 733 (La. Ct. App. 1978).

Opinion

359 So.2d 733 (1978)

Kathleen Miller REYNIER and Jon A. Reynier
v.
DELTA WOMEN'S CLINIC, INC. and Calvin J. Jackson.

No. 9083.

Court of Appeal of Louisiana, Fourth Circuit.

May 10, 1978.

*734 Laborde & Brooks, John H. Brooks, New Orleans, for plaintiffs-appellants.

Schoemann & Golden, Rudolph R. Schoemann, New Orleans, for defendant-appellee Delta Women's Clinic, Inc.

Lemle, Kelleher, Kohlmeyer & Matthews, Martin Hunley & John M. Sartin, Jr., New Orleans, for defendant-appellee Dr. Calvin J. Jackson.

Before REDMANN, STOULIG and SCHOTT, JJ.

SCHOTT, Judge.

Plaintiffs have appealed from a judgment dismissing their claim for damages resulting from alleged negligence on the part of defendant Jackson who performed an abortion on Mrs. Reynier at the defendant clinic on July 16, 1974.

After Mrs. Reynier arrived at the clinic some routine tests were done and a questionnaire on her medical background was completed whereupon the abortion was performed by suction and curettage to terminate her pregnancy, thought to be of six to eight weeks' duration.

Following the abortion Mrs. Reynier was brought to a recovery room where she remained for approximately 90 minutes, and then departed to drive herself home. The entire visit to the clinic was uneventful and there were no complications.

As she was leaving the abortion clinic she was given some printed documents entitled "FOLLOW-UP INSTRUCTIONS" and "GETTING IT ALL BACK TOGETHER." The FOLLOW-UP INSTRUCTIONS explained the two types of medication which were given to her, one an antibiotic and the other ergotrate to minimize bleeding and help the uterus to contract. The instructions contemplated mild cramping but advised that if severe cramping continues the woman was to call the clinic. Under the heading "THIS IS VERY IMPORTANT" the instructions stated:

"2. You may return to work the next day, but we recommend that athletics and strenuous activity be avoided for five days.
. . . . . .
"4. You may experience light bleeding for some days after the procedure. During the next four weeks you may also have spot bleeding. . . "

Further down on the instructions, under the heading "IMPORTANT: WHAT TO DO ABOUT FEVER, BLEEDING OR PAIN" was the following:

"Although we would like to be able to guarantee a perfect and uncomplicated recovery, abortion is not different from any other surgical operation and unavoidable complications, although infrequent, do occasionally occur. It is most important, therefore, that you know what to expect and what to do."
. . . . . .
"2. A less frequent complication is excessive BLEEDING: A small amount of bleeding occurs normally within the uterus (womb), and may cause a few cramps and brief increased bleeding as the uterus later pushes out some clots. You may need medication to help the uterus to contract. Continued heavy bleeding, severe cramps, and a high fever may indicate tissue retention which could require a repeat emptying of the uterus (this is a very rare complication).

"PLEASE CALL THE CLINIC IMMEDIATELY IF:

1. You have more bleeding than your normal period.
2. You continue to bleed longer than two weeks.
*735 3. You have a temperature of 101 degrees (or over 100 degrees on three consecutive readings).

You have severe cramps or pain.

5. You have a discharge with a particularly unpleasant odor."

On the other document, entitled "GETTING IT ALL BACK TOGETHER" the following was said:

". . . the easiest and best way to feel good quickly is to make an extra effort for the next two weeks and especially for the next few days: to get extra rest or at least a good night's sleep, to lie down whenever you feel tired, to use common sense in achieving a balance between too much exercise or work and babying yourself, to eat regular balanced, nutritious meals.

DO: Get back to `normal' life as soon as possible— your usual work and exercise or return to school (except for physical education for two weeks)
Eat whatever sounds appetizing (but not too heavy) as soon as you like after leaving the clinic.
Come back for a check-up at the appointment time arranged for.

Call US if you have or suspect any problems.

DON'T: Overtire yourself or take up unusual strenuous exercise in the next few weeks. (horseback riding, swimmong)
Dont use Tampas until your next regular periods, as to do so now could promote infection.
Avoid swimming and douching until the bleeding has completely stopped or preferably two weeks. Avoid intercourse for FOUR WEEKS and, better still, until you are using a regular form of birth control.
You can expect any "morning sickness" or breast tenderness to go away quickly, usually within two days.
1. Medicine: Two of the medications you are taking home with you are Tetracycline an antibiotic, and Ergotrate a drug which the uterus return to its normal size and helps lessen the bleeding. Both of these are important in avoiding problems and in feeling better faster. Take all tablets as directed.
"2. The bleeding you are having is the normal flowing out of the lining of the uterus which has built up for the past several weeks. It will seem like your regular period, but the length and heaviness of flow will not necessarily resemble your period at all. For many women it will be fairly light and last for only a few days. It may stop and start again. Or it will be quite heavy for a few days. But, if it continues for more than 4 days with no sign of slackening, Call us.
"3. Just to be careful, if any of the following occur, CALL US IMMEDIATELY at 581-2250 (answered 24 hours a day)
B. Cramps, even heavy cramping is normal for up to a few days, but sharp pain is not. Call at once if you're in doubt.
C. For most women, the cramps you have right after the procedure will gradually subside over several hours. If yours are too severe to respond to the medication you've been given or do not improve after considerable rest or sleep, give us a call. The best way to handle even heavy cramps is to recline or sleep, allowing your body to relax.
D. For most women, normal bleeding after the procedure will be the same as or not much heavier than your regular period, and will usually decrease gradually over a few days. Call us if you experience continuous heavy bleeding for more than 4 days, have any fresh bright red bleeding after 48 hours. E. Nausea, headaches, dizziness, chills? Call us."

According to the testimony of Mrs. Reynier, by the time she arrived home she was in pain, weak and bleeding, so she called her neighbor for help, and the neighbor called the clinic from the Reynier apartment. In the meantime, Mrs. Reynier's brother and his wife arrived at the apartment and, according to the testimony of all these witnesses, except; the neighbor who had died in the meantime, when she finally spoke to defendant Jackson on the telephone she *736 presented to him a picture of heavy bleeding and a serious situation.

One of the contested legal issues arising at the trial was the substance of this telephone conversation.

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Related

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421 So. 2d 294 (Louisiana Court of Appeal, 1982)

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