Smith v. State Through Dept. HHR

523 So. 2d 815, 1988 WL 31754
CourtSupreme Court of Louisiana
DecidedApril 11, 1988
Docket87-C-2418
StatusPublished
Cited by136 cases

This text of 523 So. 2d 815 (Smith v. State Through Dept. HHR) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. State Through Dept. HHR, 523 So. 2d 815, 1988 WL 31754 (La. 1988).

Opinion

523 So.2d 815 (1988)

Gordy SMITH, et al.
v.
STATE of Louisiana Through the DEPARTMENT OF HEALTH AND HUMAN RESOURCES ADMINISTRATION and Dr. Edward Staudinger.

No. 87-C-2418.

Supreme Court of Louisiana.

April 11, 1988.

*816 Russell Tritico, Lake Charles, for applicants.

Frederick Alexius, Stephen D. Wheelis, Provosty, Sadler & deLaunay, Alexandria, for respondents.

CALOGERO, Justice.

This is a wrongful death and survival action brought by the surviving spouse and children of one Ellie Smith. Mrs. Smith was admitted to the emergency room at the Huey P. Long Charity Hospital in Rapides Parish on December 10, 1982, at which time she complained that she was feeling bad and experiencing shortness of breath. About four and one-half hours later, while Mrs. Smith was still under observation in the emergency room, she began exhibiting symptoms of cardiac arrest. An hour later, after unsuccessful rescusitation efforts (CPR), she was pronounced dead.

The defendants are the State, through the Department of Health and Human Resources, as operator of the hospital, and Dr. Edward Staudinger, the emergency room physician on duty on the night in question. The plaintiffs allege that Mrs. Smith's death was caused by the negligent failure of the emergency room staff to observe and treat the decedent properly, and to perform promptly the necessary tests which would have allowed them to diagnose Mrs. Smith's heart condition and render preventive treatment.

After a trial on the merits, the district court found that the defendants' treatment of the decedent was negligent, chiefly because of the failure of the hospital staff to administer timely an electrocardiogram (EKG) and the failure of the attending nurses and physician to monitor properly Mrs. Smith's condition during the period that she was in the emergency room prior to her death. However, the trial court entered judgment for the defendants upon finding that the plaintiffs did not prove that defendant's negligence caused decedent's heart attack and subsequent death. The court of appeal affirmed, agreeing with the trial court that the defendants were negligent, but also agreeing that there was no causal link between the negligence and the death. 517 So.2d 1072 (La. App. 3rd Cir.1987).

We granted the plaintiffs' application for a writ of review, 519 So.2d 107 (La.1987), in order to consider the court of appeal's ruling on causation in light of our decision in Hastings v. Baton Rouge General Hospital, 498 So.2d 713 (La.1986). Hastings held that in a wrongful death action involving allegations of medical malpractice, the plaintiff need not prove that the patient would have survived if the defendant had undertaken preventive or other methods of treatment. Instead, we held essentially that the plaintiff may establish a compensable claim through evidence which demonstrates that a defendant's malpractice resulted in the loss of a chance of survival of a patient who thereafter expired.

After reviewing the record in this case, we agree with the court of appeal and the trial court that the plaintiffs did not prove that negligence on the part of the defendants lessened Mrs. Smith's chances of survival or otherwise contributed to her death. While we adhere to the "loss of chance" standard described in Hastings, we find that the standard was not met here by plaintiffs, who presented little or no evidence *817 that defendants caused the decedent to lose any chance of survival. Accordingly, we affirm the judgments of the courts below.

(I) FACTS

Effie Smith was admitted to the emergency room at the Huey P. Long Charity Hospital in Rapides Parish, Louisiana at approximately 7:30 P.M. on December 10, 1982. Accompanied by a son and daughter, Mrs. Smith complained to the admitting nurse that she had been feeling poorly for the prior week, and was experiencing difficulty breathing. She was 58 years old at that time, and was described on the emergency room admission form as an obese female in no acute distress. The nurse took Mrs. Smith's vital signs, which revealed a slightly elevated blood pressure of 180/110. All other vital signs were within normal limits.

Between 7:30 and 8:00 P.M., the patient was examined by the physician on duty at the emergency room, Dr. Edward Staudinger. Dr. Staudinger noted that Mrs. Smith was experiencing shortness of breath, and he also observed mild edema, or swelling, in her extremities. The doctor's initial diagnosis was that Mrs. Smith was suffering from mild congestive heart failure. He prescribed twenty milligrams of Lasix (a diuretic designed to reduce blood pressure), a chest X-ray and an electrocardiogram (EKG). These orders were recorded on the patient's chart at 8:05 P.M.

Anthony Gomez was the registered nurse on duty at the time that Mrs. Smith was admitted to the emergency room. Nurse Gomez testified that he administered the Lasix to Mrs. Smith at approximately 8:05 P.M. He then had the patient sent to the radiology lab (a short distance away, and within the hospital) for the chest X-ray. Dr. Staudinger had ordered the X-ray in order to rule out the possibility that the patient had fluid in her lungs, a condition associated with congestive heart failure. Although the precise time that the X-ray was taken is not clear from the record, Dr. Staudinger testified that he reviewed the X-ray results between 9:00 and 9:15 P.M. Those results were normal, and at that point the doctor felt that there was no need to hospitalize Mrs. Smith.

The patient's chart reflects that Nurse Gomez sent a request for an EKG to the hospital lab at 9:15 P.M., shortly after the X-ray had been completed. The testimony at trial further established that the EKG was not actually administered until approximately 11:30 P.M.

In the interim, Nurse Gomez's shift ended, and he was replaced by Nurse Everett Lofton. Nurse Lofton testified that while he was making his rounds between 11:30 and 11:45 P.M., he observed that Mrs. Smith was in distress. Upon closer examination, he determined that she had a faint pulse and breathing difficulties (apnea). Believing that the patient had gone into cardiac arrest, he immediately summoned Dr. Staudinger.

Dr. Staudinger testified that at the very moment that he received the distress call from Nurse Lofton, he was in the process of reviewing the results of Mrs. Smith's EKG. Those results had just been transmitted to him, the test having been administered only a few minutes earlier.[1] The EKG results showed that Mrs. Smith was experiencing atrial fibrillation, which is an irregular heart rhythm.

Upon receiving word from Nurse Lofton of the patient's condition (faint pulse and breathing difficulties), the doctor went to her bedside and, together with the nurse, administered CPR for about forty-five minutes. Mrs. Smith did not respond, and was pronounced dead at 12:37 A.M. on December 11, 1982. Dr. Staudinger listed the cause of death as cardiac arrest, secondary to arrhythmia.

*818 It is uncertain whether Mrs. Smith's condition ever changed appreciably between the time that she was initially examined (7:30-8:00 P.M.) and that point in time just preceding the onset of the cardiac arrest discovered by Nurse Lofton at 11:45 P.M. There is no indication on her medical chart that her vital signs were ever re-checked during the period between her initial examination and the cardiac arrest. Dr. Staudinger testified that he received confirmation from Nurse Gomez between 9:00 and 10:00 P.M.

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Bluebook (online)
523 So. 2d 815, 1988 WL 31754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-through-dept-hhr-la-1988.