Roberts v. Lowry

673 So. 2d 1323, 96 La.App. 3 Cir. 0050, 1996 La. App. LEXIS 1045, 1996 WL 230783
CourtLouisiana Court of Appeal
DecidedMay 8, 1996
DocketNo. 96-0050
StatusPublished
Cited by3 cases

This text of 673 So. 2d 1323 (Roberts v. Lowry) 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
Roberts v. Lowry, 673 So. 2d 1323, 96 La.App. 3 Cir. 0050, 1996 La. App. LEXIS 1045, 1996 WL 230783 (La. Ct. App. 1996).

Opinion

JiDOUCET, Chief Judge.

Defendants, Dr. James Lowry and the Louisiana Medical Mutual Insurance Company, appeal a judgment of the trial court finding Dr. Lowry’s treatment of plaintiffs traumatic amputation of his left ring finger was below the applicable standard of care and awarding plaintiff, Kenneth Wade Roberts, $175,000.00 in general damages plus medical expenses. Mrs. Jan Roberts was also awarded damages for her loss of consortium. Defendants do not question the quantum of the medical damage award, nor do they question the quantum of the award for loss of consortium made to plaintiff, Jan Roberts, the wife of plaintiff, Kenneth Wade Roberts. We affirm.

REACTS

On the morning of November 18, 1987, plaintiff, Kenneth Wade Roberts (hereinafter Wade or Roberts), who was on his way home from duck hunting, stopped to check a noise his father-in-law had reported in Roberts’ combine. While under the combine, attempting to locate the source of the noise, Wade’s hand became entangled resulting in the traumatic amputation of his left ring finger. Wade reported that the axle of the combine engaged his finger, degloving it from his hand. He stated that as the combine de-gloved his finger, the ligament in his finger became attached to, and started to wrap around, the axle. In order to keep his hand and arm from being drawn into the machinery, Roberts said he had to grasp his left wrist with his right hand and pull backwards until the ligament snapped and was retracted into his wounded hand.

[1326]*1326Plaintiff wrapped his hand in a shirt, retrieved his finger from under the combine, and obtained transportation to Allen Parish Hospital. He arrived at the hospital at about 9:00 A.M. to find no orthopaedic doctor on duty. His father-in-law and wife arrived shortly thereafter. The doctor on call to the hospital did not feel comfortable handling Wade’s injury and suggested Dr. James Lowry, an orthopaedic surgeon, be contacted. Dr. Lowry was contacted, agreed to take the case, and arrived at the hospital sometime later. The exact time Dr. Lowry arrived at the hospital is one of the matters in dispute.

Dr. Lowry cleaned and dressed the wound, gave Wade prescriptions for an analgesic and an antibiotic, and released him. Also in dispute is whether Roberts was administered I.V. Rocephin® the morning of the accident, to what extent the patient’s arm and hand were cleaned before the wound was treated, and what instructions Wade was given upon discharge.

13It is not disputed that Roberts began experiencing pain uncontrolled by the prescribed oral analgesics and had to return to the emergency room at approximately 3:00 A.M. the next morning. At that time he was given an injection to relieve his pain and instructed to return if his pain continued to be unresponsive to the oral analgesics prescribed by Dr. Lowry.

At about 6:30 A.M. November 19, 1987, Mrs. Roberts called Dr. Lowry to request that her husband be admitted into the hospital so that his pain could be better managed. Dr. Lowry agreed to honor her request and Mrs. Roberts transported her husband to the hospital. Although Wade was given injections to relieve his pain and had his hand and vital signs checked by the nurse at the hospital, he was not seen by Dr. Lowry until after 1:00 P.M. At that time, because of persistent complaints from his patient, Dr. Lowry unbandaged his hand and discovered it to be infected. Upon finding the wound was infected, Dr. Lowry ordered three separate I.V. antibiotics be administered: Rocephin®, Garamyein®, and Flagyl®. He also suggested that Wade be transferred to a facility which had a hyperbaric oxygen treatment capability. Arrangements were made and Roberts was transferred to Lake Charles Memorial Hospital.

At Lake Charles Memorial, Dr. Nathan Cohen assumed Wade’s care. Dr. Cohen identified the infection as being caused by Clostridia and told the family that he was not sure he could save Wade’s hand. Wade was placed under general anesthesia and his hand was surgically opened from the site of the amputation to the crease in his wrist. The wound was debrided and extensively irrigated with antibiotic solution, drains were placed in the incision, and the skin was loosely closed at multiple sites to protect the median nerve and to allow appropriate whirlpool therapy. This same procedure was repeated for a second time on November 23, 1987, and for |4a third time on November 25, 1987. During Wade’s entire stay in Lake Charles Memorial he was treated with I.V. antibiotics and with hyperbaric oxygen treatments. The drain was finally removed, oral antibiotics started, and Wade was discharged on December 11,1987.

Dr. Cohen followed Wade’s ease through July 7,1988, at which time he referred Wade to Dr. Faust, a hand specialist, in New Orleans. This referral was necessitated because of the hand’s lack of response to physical therapy and Wade’s continued complaints of stiffness and sensitivity of his left hand. Dr. Faust evaluated Wade on July 22, 1988. When conservative treatment faded to bring about the desired results, Dr. Faust operated on Wade’s hand on December 2, 1988. During that operation, Dr. Faust released a number of adhesions, removed scar tissue from around nerves which had gone to the ring finger, and performed a capsulotomy, a release of the capsule of the joint of the ring finger (stump). Dr. Faust followed Wade’s progress until he discharged Wade on February 15, 1989, back to Dr. Cohen. Dr. Cohen released Wade to full activity on March 1, 1989.

After unsuccessfully bringing their claim before a medical review panel, plaintiffs Wade and Jan Roberts filed this suit. In the instant action they sought damages alleging Dr. Lowry’s care of Wade fell below the applicable standard of care and thus caused Wade’s infection and accompanying complica[1327]*1327tions. They allege Wade’s infection and treatment, in turn, caused Mrs. Roberts’ loss of consortium.

The case was tried before the trial judge over three days in August 1994. Written reasons for judgment were entered December 21, 1994. Thereafter, two different motions, for new trials were heard. Following said motions the original judgment of the trial court was modified to reduce the plaintiffs award for medical expenses by eliminating those expenses which the plaintiff would have incurred in|5the treatment of his amputation had his hand not become infected. Also, plaintiffs claim for loss of income was deleted for lack of proof. Defendants appeal the trial court’s finding of liability on the part of Dr. Lowry, its failure to assess any liability to Allen Parish Hospital and the quantum of general damages awarded Wade Roberts.

LAW AND DISCUSSION

Recently in Chatman v. City of Opelousas, 95-0950 (La.App. 3 Cir. 12/6/95); 670 So.2d 211, writ denied, 96-80 (La. 3/8/96); 669 So.2d 402, this court reviewed the law applicable to the ease sub judice stating:

The alleged errors argued by plaintiff on appeal involve factual findings and discretionary awards by the trial judge. These issues are reviewed on appeal under the doctrines of “manifest error” and “abuse of discretion.” The doctrine of manifest error was discussed earlier this year by the Louisiana Supreme Court in the case of Ferrell v. Fireman’s Fund Insurance Co., 94-1252, pp. 4-5 (La. 2/20/95), 650 So.2d 742, 745-746, wherein the court stated:
In Rosell v. ESCO, 549 So.2d 840 (La.

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673 So. 2d 1323, 96 La.App. 3 Cir. 0050, 1996 La. App. LEXIS 1045, 1996 WL 230783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-lowry-lactapp-1996.