SHANDS TEACHING HOSP. AND CLINICS v. Dunn

977 So. 2d 594, 2007 WL 4105356
CourtDistrict Court of Appeal of Florida
DecidedNovember 20, 2007
Docket1D06-4086
StatusPublished
Cited by12 cases

This text of 977 So. 2d 594 (SHANDS TEACHING HOSP. AND CLINICS v. Dunn) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SHANDS TEACHING HOSP. AND CLINICS v. Dunn, 977 So. 2d 594, 2007 WL 4105356 (Fla. Ct. App. 2007).

Opinion

977 So.2d 594 (2007)

SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellant,
v.
Michael Adam DUNN and Kathie Lynette Dunn, individually and as co-personal representatives of the estate of Michael Dylan Dunn, Appellees.

No. 1D06-4086.

District Court of Appeal of Florida, First District.

November 20, 2007.
Rehearing Denied March 27, 2008.

*595 Susan L. Kelsey of Anchors Smith Grimsley, Tallahassee, for Appellant.

Rebecca Bowen Creed of Mills & Creed, P.A., Jacksonville; Alan E. McMichael of Stripling, McMichael & Stripling, P.A., Gainesville, for Appellees.

PADOVANO, J.

The defendant, Shands Teaching Hospital & Clinics, Inc., appeals a final judgment entered on a jury verdict awarding $2 million to the plaintiffs, Michael and Kathie Dunn, for medical negligence in connection with the death of their son, Dylan. The plaintiffs alleged that a hospital nurse, Susan Lim, failed to properly monitor Dylan's condition following open heart surgery and that she gave him an excessive amount of a powerful medication known as Digoxin. We reverse the judgment on two grounds, either of which would require a new trial.

First, the trial court erred in excluding evidence that the hospital had a routine practice of requiring the attendance of two nurses when drugs such as Digoxin are administered, in order to ensure that the patient receives the prescribed dosage. The evidence of this practice may have made a difference in the outcome of the case, given the fact that there was no direct evidence that Nurse Lim gave the child more than the prescribed dose. Second, the trial court erred in denying the hospital's motion to continue the trial until such time as Nurse Lim could appear in court to testify in person before the jury. Because Nurse Lim's alleged negligence was the centerpiece of the case, the hospital should have been allowed to defend itself by presenting her testimony directly to the jury. In this situation, we conclude that the trial court abused its discretion by denying the hospital's motion for a continuance.

Dylan was born with a heart defect known as tricuspid atresia, a condition in which the tricuspid valve is not properly formed and impedes blood flow and normal heart function. This defect is corrected surgically by the Fontan procedure, which is actually a series of three surgical procedures performed in sequence over the course of the first few years of the child's life. The Fontan procedure is risky, but a child born with a tricuspid atresia cannot survive without it.

The controversy in this case arose from the medical care Dylan received in the pediatric intensive care unit at the hospital following the third procedure. He was fairly stable on the first day after surgery, but on the second day he developed a *596 rapid heartbeat and an abnormal heart rhythm. He was suffering from a form of tachycardia that develops as a post-surgical complication in fifteen to twenty percent of the children who have the Fontan procedure. The condition is not only difficult to treat, it is also serious, in that it impairs the functioning of the heart.

The doctors tried a number of corrective measures, but nothing proved to be effective in slowing Dylan's heart rate or correcting his abnormal heart rhythm. They gave him a saline-type solution to build up the volume of the heart, they sedated him with a dose of morphine, and then they administered a series of other drugs that are ordinarily used to correct heart arrhythmias. When these measures failed, they prescribed Digoxin.

Digoxin can improve the pumping action of the heart, but this potential benefit comes with risks. One possible adverse consequence of the drug is that it may cause the concentration of potassium in the patient's blood to rise to an unsafe level. Another consideration is that the drug is said to have a narrow therapeutic range: the difference between a safe, effective dose and a toxic dose is relatively small. For these reasons, the hospital controls access to Digoxin. It can be obtained only from a special dispensing machine that requires a user name and password.

Dylan was to receive a total of 450 micrograms of Digoxin, with an initial dose of 225 micrograms to be followed by two doses of 112.5 micrograms over the course of the next two days. When the order was given, Nurse Lim obtained an ampule of Digoxin from the dispensing machine. The procedure at that point would be to measure out the initial dose from the ampule and to administer it to the patient.

Nurse Lim gave Dylan the initial dose of Digoxin, but she incorrectly charted the dose as 225 milligrams instead of 225 micrograms. The parties agree that the charted amount could not have been correct, as the entire ampule contained only 500 micrograms. However, the amount that was given could not be calculated by the amount that remained in the ampule, because the unused portion was eventually destroyed as medical waste, and Digoxin is not within the class of drugs that requires a destruction record.

Dylan's potassium level had been higher than normal throughout the day and, when the initial dose of Digoxin was administered, it began to rise even higher. It continued to rise for the next seventy-five minutes, at which point he went into cardiac arrest. Doctors tried for several hours to resuscitate him by various means but they were ultimately unable to restart his heart.

In their complaint against the hospital, the plaintiffs alleged that Nurse Lim was negligent, in that she failed to properly monitor Dylan's condition after his surgery. They-contend that, as a result of this negligence, the doctors were not able to take the proper action to save Dylan's life. Relying in part on the opinions of other doctors, the plaintiffs also alleged that Nurse Lim administered an overdose of Digoxin, which caused a rapid and uncontrolled increase in Dylan's potassium level. This, they maintain, was the underlying cause of his death.

The trial began as scheduled in October 2005, but, after the jury had been selected and sworn and the parties had presented several days of testimony, the presiding judge was disqualified. This required a mistrial, and the case was then assigned to another judge and rescheduled for a jury trial on June 5, 2006.

Nurse Lim testified as a defense witness in the first trial, but the parties soon learned that she might not be available for *597 the second trial. On February 20, 2006, counsel for the hospital informed the successor judge that Nurse Lim was pregnant and that she was due to deliver her baby on June 7, 2006. He feared that she might not be able to attend the second trial, a concern the trial judge apparently shared. The judge noted that it would be important to have Nurse Lim appear in person. As he explained, "I just trust that you all probably want her live. One of the things that I'm going to be encouraging . . . is live witnesses. I know you've already done a trial, but there's nothing worse than re-plowing the ground with nothing but depositions and reading to the jurors." The judge ended the discussion on this point by telling the lawyers that he would deal with the issue later.

On March 20, 2006, the hospital moved for a continuance on the ground that Nurse Lim would not be available to testify in person. She was living in another city by then, and her doctors had advised her that she could not travel during the early part of June. The judge denied the motion, explaining that, although he preferred live testimony, he was "somewhat in error" to suggest that the trial would be continued because of Nurse Lim's pregnancy.

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Bluebook (online)
977 So. 2d 594, 2007 WL 4105356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shands-teaching-hosp-and-clinics-v-dunn-fladistctapp-2007.