Shell v. St. Francis Medical Center, Inc.

130 So. 3d 396, 2013 WL 6190356, 2013 La. App. LEXIS 2456
CourtLouisiana Court of Appeal
DecidedNovember 27, 2013
DocketNo. 48,613-CA
StatusPublished

This text of 130 So. 3d 396 (Shell v. St. Francis Medical Center, 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
Shell v. St. Francis Medical Center, Inc., 130 So. 3d 396, 2013 WL 6190356, 2013 La. App. LEXIS 2456 (La. Ct. App. 2013).

Opinion

CARAWAY, J.

11 This is an appeal of a Monroe City Court judgment awarding plaintiff $27,145.72 in general and special damages against a medical clinic for medical malpractice in connection with treatment of an alleged spider bite. Finding that the plaintiff did not establish the standard of care that was allegedly breached by the clinic, we reverse and vacate the trial court’s judgment.

Facts and Procedural Background

On April 22, 2006, Larry Shell (“Shell”) was operating a lawn mower when he felt something bite him underneath his left arm and on his shoulder. He looked down to find that there was a small spider hanging from a web that was attached to his arm. He was unable to capture the spider. Initially, Shell treated the bite himself by applying rubbing alcohol and Neos-porin.

After two days, the bite had abscessed and Shell was in excruciating pain that prevented him from effectively working at the post office. On April 26, 2006, Shell went to St. Francis Convenience Clinic (the “Clinic”), operated by St. Francis Medical Center, Inc. (“St. Francis”), for medical care for two separate abscesses.1 The Clinic operates under a collaborative agreement, which allows advanced practice registered nurses (“APRN”)2 to diagnose and treat patients with physician collaboration. The records of the |2Clinic show that Shell wrote that his reason for seeking treatment was for “bumps.”3

Shell was first seen by an unidentified licensed practical nürse (“LPN”) who took Shell’s initial history. Under “Chief Complaint,” the LPN wrote, “Severe pain to [left] axilla 2+ abscess. Also small abscess underneath armpit.” Next, APRN Ellen Murray (“Nurse Murray”) attended Shell and took additional history. Under the LPN’s notation, Nurse Murray wrote, “Present times five days. No Fever. Also complains of brown spots on his back for years.” Shell claims that he told both the [398]*398LPN and Nurse Murray that he had been bitten by a spider, but the history documented at the time of the visit does not contain that information. Nurse Murray then treated the abscesses by doing an incision and drainage (“I & D”) by lancing them open, squeezing out the pus, disinfecting and packing the abscesses, and instructing Shell to return for followup treatment the following day.

On April 27, 2006, Shell returned to the Clinic. On this visit, Dr. Nahid Islam treated Shell.4 She noted on his charts that Shell was doing well and denying significant pain, which she testified meant the treatment from the previous day was effective. Dr. Islam repacked the large abscess and cleaned the other. Dr. Islam advised Shell to use warm compresses because that is typically done after an I & D to increase the blood flow to the | ¡¡area. She also instructed Shell to return the next day. Shell testified that he told Dr. Islam of the spider bite, but it is not reflected in the history from his visit with Dr. Islam.

Shell returned to the Clinic on April 28 and 30. He was attended by an APRN who redressed and repacked the abscess.

On May 2, 2006, Shell returned to the Clinic where he was again treated by Dr. Islam. On this visit, Dr. Islam did not repack the abscess because it had pink granulation tissue, which she testified meant that the abscess was being replaced by healthy tissue. She cleaned the abscesses and released Shell. Shell again states that he told the Clinic of the spider bite, but yet again, this information was not documented.

Following this course of treatment, the abscesses appeared to be healed. Shell testified that the abscesses healed after a couple of days from the May 2, 2006 visit. However, around two weeks later, Shell noticed some red dots forming under his armpit. The red dots progressed quickly into multiple lumps under his arm taking up a large area around the beginning of June 2006. He was in great pain at the time and was unable to effectively work.

Shell returned to the Clinic on June 5, 2006. He was treated by APRN Dorothy Minor (“Nurse Minor”) who recommended surgical intervention. Nurse Minor wrote the following under “Chief Complaint” on Shell’s chart: “Swollen [left] armpit. [Times] 1 % weeks. It’s getting bigger. Some pain. [Zero] fever.” The following day, Shell visited with his family physician, Dr. Narendra Kutnikar. For the first time, Shell’s chief complaint |4was documented as a spider bite on June 6, 2006. Dr. Kutnikar testified he saw a large abscess and a healed spider bite, and he admitted Shell for surgery at Monroe Surgical. Thereafter, Shell missed a total of seven days of work due to the surgery and was released to return to work on June 20, 2006.

Shell filed this claim against St. Francis for medical malpractice, which was initially reviewed by a medical review panel. He claimed that St. Francis did not properly treat him under the appropriate standard of care for spider bites. The medical review panel unanimously ruled in favor of St. Francis on July 15, 2009. In its written opinion, the medical review panel noted the factual dispute over whether Shell ever told anyone at the Clinic that he was bitten by a spider. The medical review panel did not make any factual determination regarding whether Shell reported the spider bite. Nevertheless, the panel found [399]*399that based on Shell’s condition when he presented to the Clinic, St. Francis met the standard of care by its actions. Those actions included (1) recordation of Shell’s history and physical, (2) examination of lesions, (3) cleansing and debridement and/or packing as needed, (4) treatment with topical antibiotics and/or systemic antibiotics, and (5) followup treatment.

Following the medical review panel opinion, Shell filed suit in Monroe City Court against St. Francis for medical malpractice. He claims that St. Francis failed to meet the appropriate standard of care because (1) no one at the Clinic recorded his history or considered the significance of the spider bite because the treatment of the abscess depends on the cause of 1¡¡the abscess; (2) Shell should not have been treated by Nurse Murray for a spider bite, but instead by a physician and followed closely; (3) Nurse Murray squeezed the abscess after lancing it open, causing the spider bite toxins to seep deeper into the body; (4) Dr. Islam applied heat to the abscess, also causing the toxin to move deeper into the body; and (5) Dr. Islam prematurely released Shell who due to the unpredictable course of spider bites should be closely monitored. Furthermore, Shell claims that APRNs are not permitted to treat patients without physician consultation under the APRN collaborative practice legal regime. He claims that because he was treated only by an APRN rather than a physician on the initial visit, St. Francis breached the appropriate standard of care. He claims these breaches in the standard of care led to the need for his eventual surgery and caused him pain and suffering, lost wages, medical expenses, and a tingling sensation or numbness in his left arm that persists to this day.

During trial, Shell testified and also called Nurse Murray as a witness. Dr. Kutnikar’s testimony was introduced by his deposition. Shell also introduced the collaborative practice agreement in force at the Clinic. Finally, without objection, Shell placed into evidence pages from Clinical Guidelines in the Family Practice (“Clinical Guidelines”).

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Bluebook (online)
130 So. 3d 396, 2013 WL 6190356, 2013 La. App. LEXIS 2456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shell-v-st-francis-medical-center-inc-lactapp-2013.