Ruiz v. Guette

983 So. 2d 959, 2008 WL 1886074
CourtLouisiana Court of Appeal
DecidedApril 23, 2008
Docket2007-CA-0989
StatusPublished
Cited by5 cases

This text of 983 So. 2d 959 (Ruiz v. Guette) 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
Ruiz v. Guette, 983 So. 2d 959, 2008 WL 1886074 (La. Ct. App. 2008).

Opinion

983 So.2d 959 (2008)

Jennifer RUIZ
v.
Dr. Andre GUETTE, Children's Hospital and Dr. George Cowan.

No. 2007-CA-0989.

Court of Appeal of Louisiana, Fourth Circuit.

April 23, 2008.

*960 Fred L. Herman, Thomas J. Barbera, Daniel W. Nodurft, Law Offices of Fred L. Herman, J. Van Robichaux, Jr., Robichaux Law Firm, New Orleans, LA, for Plaintiff/Appellant.

Stephen M. Pizzo, Guice A. Giambrone III, Christina M. Soileau, Blue Williams, L.L.P., Metairie, LA, for Dr. Andre Guette.

(Court composed of Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE).

TERRI F. LOVE, Judge.

Ms. Ruiz appeals the district court's ruling that Dr. Guette did not breach the applicable standard of care in his treatment of Ms. Ruiz. We find the trial court *961 was not manifestly erroneous in holding that Dr. Guette did not breach the standard of care and even if it were proven that Dr. Guette failed to timely diagnose her endometriosis, such failure did not contribute to or cause Ms. Ruiz's injuries. We affirm.

FACTUAL AND PROCEDURAL HISTORY

The plaintiff, Ms. Jennifer Ruiz ("Ms. Ruiz"), began seeing Dr. Andre Guette ("Dr. Guette"), an obstetrician/gynecologist in February 1999 at age 15. She complained of severe vaginal bleeding and abdominal pain. Upon examination, Dr. Guette found dark blood in the vaginal vault and assessed that Ms. Ruiz had dysfunctional uterine bleeding and dysmenorrhea. Dr. Guette prescribed Ms. Ruiz Anaprox DS[1].

In August 1999, Dr. Guette prescribed Ms. Ruiz Anaprox DS, Alesse 28[2] for 3 cycles and Phenergan. In November 1999, Ms. Ruiz returned to Dr. Guette complaining of acne. Dr. Guette examined Ms. Ruiz and found that she had acne lesions on the face and a normal breast exam. Dr. Guette prescribed a trial of Lo Estrin 1/20[3].

Later in November 1999, Ms. Ruiz called Dr. Guette's office and presented to his office the next day with complaints of having brownish discharge for several days with cramps and low back pain. Dr. Guette performed an examination of Ms. Ruiz, which revealed a soft, non-tender abdomen, and blood and mucus in her vaginal vault. Dr. Guette assessed that Ms. Ruiz probably had break-through bleeding and tested her for chlamydia and gonorrhea. The tests for chlamydia and gonorrhea had negative results.

In December 1999, Ms. Ruiz presented to the Emergency Room at Children's Hospital with complaints of abdominal pain and swelling. She underwent an abdominal ultrasound, which had negative results.

Ms. Ruiz was admitted to the hospital on the following day under the care of Dr. George Cowan. Dr. John Udall diagnosed Ms. Ruiz with constipation after he was consulted by Dr. Cowan and the only abnormality he identified was a large amount of fecal matter in her colon upon x-ray.

In January 2000, Ms. Ruiz called Dr. Guette's office with complaints of no menstrual cycle, abdominal pain and swelling. Dr. Guette noted that she was on oral contraceptive therapy, and recommended that she make an appointment. Suffering with constipation, Ms. Ruiz had a CT scan performed at Children's Hospital in January 2000. Dr. Guette received a report of the scan, which showed normal findings.

Ms. Ruiz had an appointment with Dr. Guette in April 2000, during which she reported no problems. Dr. Guette noted Ms. Ruiz's past medical history of fecal impaction and that she was currently on Alesse 28. Dr. Guette performed a Pap smear and examination on Ms. Ruiz, both of which had normal results. Dr. Guette recommended that Ms. Ruiz continue on Alesse and recommended a return visit in one year.

Ms. Ruiz called Dr. Guette in October 2000, with complaints of break-through bleeding for two weeks, for which Dr. Guette recommended continuing birth control pills. Dr. Guette instructed Ms. Ruiz to call for an appointment if the bleeding continued into her next menstrual cycle, *962 which was his last contact with the Ms. Ruiz.

In January 2001, Ms. Ruiz presented to Dr. Eric Schultis, with complaints of pain during three days of each menstrual cycle that were so severe she stayed in bed and missed school. Ms. Ruiz stated that she took Anaprox for pain. Dr. Schultis opined that Ms. Ruiz had dysmenorrhea and dyspareunia and recommended a laparoscopy. The following day, Dr. Schultis performed a pelvic ultrasound on Ms. Ruiz, which revealed a retroverted uterus and solid ovaries. Ms. Ruiz was admitted to Chalmette Medical Center later in January 2001, under Dr. Schultis' care, and he performed a laser video laparoscopy on Ms. Ruiz.

In December 2001, Ms. Ruiz returned to Dr. Schultis, and took a urine pregnancy test, which returned a positive result. Thereafter, Ms. Ruiz delivered a child in August 2002.

In December 2002, Ms. Ruiz presented to Dr. Schultis complaining of increasing pelvic pain. Dr. Schultis diagnosed Ms. Ruiz with endometriosis and recommended laparoscopic laser therapy as treatment. Surgery was performed on Ms. Ruiz in February 2003.

In October 2003, Ms. Ruiz presented to Dr. Schultis with complaints of break-through bleeding and pelvic pain for which he recommended a laparoscopic presacral neurectomy. In December 2003, Ms. Ruiz underwent fulguration of endometriosis, a presacral neurectomy and uterine suspension.

Ms. Ruiz was later treated by Dr. Andrew Montz for pelvic pain complaints. A dilation and curettage (D & C) procedure was performed by Dr. Montz, and a total abdominal hysterectomy was performed by Dr. Montz in July 2005.

Subsequently, Ms. Ruiz filed suit, alleging that Dr. Guette failed to properly examine her, order proper diagnostic tests and diagnose endometriosis, thereby causing her pain, suffering and permanent injury to the uterus and disability. The trial court found in favor of Dr. Guette and dismissed Ms. Ruiz's claim with prejudice.

STANDARD OF REVIEW

In a medical malpractice action against a physician, a plaintiff must first establish by a preponderance of the evidence that the physician's treatment fell below the ordinary standard of care that is expected of physicians in his medical specialty, and, secondly, the plaintiff must establish a causal relationship between the alleged negligent treatment and injury sustained. Martin v. East Jefferson Gen. Hosp., 582 So.2d 1272, 1276 (La.1991), (citing, La.Rev.Stat. 9:2794; Smith v. State through DHHR, 523 So.2d 815, 819 (La. 1988); Hastings v. Baton Rouge General Hospital, 498 So.2d 713, 723 (La.1986)). Resolution of each of these inquiries are determinations of fact which should not be reversed on appeal absent manifest error. Id. (citing, Housley v. Cerise, 579 So.2d 973 (La.1991); Smith, 523 So.2d at 822; Rosell v. ESCO, 549 So.2d 840 (La.1989); Hastings, 498 So.2d at 720).

"In a medical malpractice action, the assessment of factual conflicts, including those involving the contradictory testimony of expert witnesses, lies within the province of the trier of fact." Hubbard v. State, 02-1654, p. 11 (La.App. 4 Cir. 8/13/03), 852 So.2d 1097, 1103, (citing, Hunter v. Bossier Medical Center, 31,026, p. 5 (La.App.2d Cir.9/25/98), 718 So.2d 636, 640). "Where medical experts express differing views, judgments and opinions, great deference is given to the factfinder's determinations, which should not be reversed on appeal unless the reviewing *963 court concludes that no reasonable factual basis exists for them."

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983 So. 2d 959, 2008 WL 1886074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-guette-lactapp-2008.