Roland v. Tedesco

616 So. 2d 780, 1993 WL 96448
CourtLouisiana Court of Appeal
DecidedMarch 31, 1993
Docket24,661-CA
StatusPublished
Cited by12 cases

This text of 616 So. 2d 780 (Roland v. Tedesco) 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
Roland v. Tedesco, 616 So. 2d 780, 1993 WL 96448 (La. Ct. App. 1993).

Opinion

616 So.2d 780 (1993)

Crystal ROLAND, Plaintiff-Appellant,
v.
Ignatius I. TEDESCO, III, et al., Defendants-Appellees.

No. 24,661-CA.

Court of Appeal of Louisiana, Second Circuit.

March 31, 1993.
Writ Denied June 18, 1993.

*781 Edmund M. Thomas, Shreveport, Benjamin P. Mouton, Baton Rouge, for plaintiff-appellant.

Cook, Yancey, King & Galloway, Shreveport by Samuel W. Caverlee and Cynthia C. Anderson, for defendants-appellees.

Before MARVIN, STEWART and BROWN, JJ.

STEWART, Judge.

This is an appeal by plaintiff, Crystal Roland, from a judgment in favor of defendants-appellees, Dr. Ignatius Tedesco and his insurer, Hartford Insurance Company, which rejected her medical malpractice claim for damages resulting from the death of her son, Royal Roland. For the reasons expressed, we affirm.

FACTS

Early in the morning of Monday, October 4, 1976, Royal Roland went to the emergency room at Willis-Knighton Memorial Hospital in Shreveport, Louisiana. The attending emergency room physician was Dr. Ignatius Tedesco.

Roland's chief complaints were of tremors from alcohol withdrawal and pain over his left eye from a recent surgery for cancer. After taking Roland's medical history and performing a physical examination, Dr. Tedesco diagnosed Roland as suffering from mild delirium tremens. Dr. Tedesco attempted to admit Roland to Willis-Knighton for treatment but he refused to be admitted because he could not afford it. Dr. Tedesco explained to Roland that he could be treated at LSU Medical Center, a state charity hospital, however Roland again refused. Dr. Tedesco then tried to have Roland transferred to the Pines Treatment Center, a substance abuse treatment facility, but he refused this option as well.

Dr. Tedesco observed that Roland's condition was worsening and concluded that, if Roland was not treated, he would go into severe delirium tremens which is fatal when left untreated. Dr. Tedesco gave Roland 4 ccs of Paraldehyde[1] for the tremors and Tylenol III for pain because Roland had said that he was allergic to tranquilizers commonly used to treat mild delirium tremens. Dr. Tedesco then wrote Roland a prescription for 200 ccs of Paraldehyde and Tylenol III to take on an outpatient basis.

Dr. Tedesco discharged Roland from the emergency room and instructed the nurse to arrange for a taxi to take him to a nearby motel so he could be in close proximity to the hospital if he had any problems. Also, Dr. Tedesco gave Roland instructions to return to the hospital if he experienced any problems. The entire examination and treatment in the emergency room lasted approximately two hours.

On October 6, 1976, Roland was found dead in his motel room. Dr. Willis Butler, *782 then Coroner for Caddo Parish, performed an autopsy on Roland and classified his death as an accidental overdose of Paraldehyde. Roland's mother, Crystal Roland, filed suit against Dr. Tedesco and his insurer, Hartford Insurance Company, after a medical review panel unanimously held that Dr. Tedesco had not breached the applicable standards of medical care in connection with Roland's death.

After a trial on the merits in 1992, the jury answered special interrogatories as follows:

Question 1.

Has the plaintiff established by a preponderance of the evidence, the degree of knowledge of skill possessed, or the degree of care ordinarily exercised by physicians licensed in Louisiana and actively practicing in a similar community or locale and under similar circumstances at the time Dr. Tedesco rendered medical services to Royal Roland?

YES ✓ NO ___

If your answer to question 1 is "Yes", answer question 2. If your answer to question 1 is "No", do not answer any further questions, but have the foreman sign and date the verdict form and return to the courtroom.

Question 2.

Has the plaintiff established by a preponderance of the evidence that Dr. Tedesco either lacked the degree of knowledge or skill possessed, or the degree of care ordinarily exercised by physicians licensed in Louisiana and actively practicing in a similar community or locale and under similar circumstances at the time Dr. Tedesco rendered medical services to Royal Roland?

YES ___ NO ✓

If your answer to question 2 is "Yes", answer question 3. If your answer to question 2 is "No", do no answer any further questions, but have the foreman sign and date the verdict form and return to the courtroom.

In conformity with the jury's findings, the trial court entered judgment in favor of defendants, Dr. Tedesco and Hartford Insurance Company, and against Crystal Roland. The plaintiff's motion for judgment notwithstanding the verdict was denied by the trial court and judgment was rendered in favor of the defendants.

On appeal, plaintiff presents the following issues for review:

I. Whether the jury committed reversible error when it concluded that a physician must know the indications, contra-indications, side effects and adverse reactions of a drug before he prescribes it, but then found no breach of this standard of care when Dr. Tedesco admitted he was not knowledgeable of the drug Paraldehyde when he prescribed it to Mr. Roland?
II. Whether the jury committed reversible error when it concluded that a physician cannot treat an active alcoholic patient, presently suffering from Delirium Tremens mild, with a prescription for multiple doses of the drug Paraldehyde (200 ccs) when the patient will be unsupervised either by health care providers or by responsible family or friends, but then found no breach of this standard when Dr. Tedesco admittedly prescribed 200 ccs when he knew Mr. Roland would be going back to a hotel room without any supervision at all?
III. Whether the jury committed reversible error when it concluded that a standard of care which allows a physician to prescribe 200 ccs of the drug Paraldehyde to an active alcoholic in withdrawal, without supervision, when he subjectively believes that the patient will take the medicine as directed, protects the patient against a reasonably foreseeable risk of injury or harm?
IV. Whether the record supports a judgment in favor of plaintiff finding that the defendant's negligence caused her damage resulting in the *783 wrongful death of her only child, Royal Roland?

LAW

An appellate court is bound to abide by the clearly erroneous/manifest error standard as set forth in Rosell v. ESCO, 549 So.2d 840 (La.1989); Lynch v. Hanover Insurance Co., 611 So.2d 121 (La.App. 5th Cir.1992). In Martin v. East Jefferson General Hospital, 582 So.2d 1272, 1277 (La.1991) when considering the factual findings made by the trial court, the court stated the following:

[I]f the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106, 1112 (La.1990); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). We have instructed the appellate courts that where there are two permissible views of the evidence, the factfinder's choice between them cannot be manifestly erroneous or clearly wrong. [Citation omitted.]

Although LSA-C.C.P. Art.

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Bluebook (online)
616 So. 2d 780, 1993 WL 96448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roland-v-tedesco-lactapp-1993.