Smith v. State Through Dept. of HHR

517 So. 2d 1072, 1987 WL 850
CourtLouisiana Court of Appeal
DecidedDecember 18, 1987
Docket86-925
StatusPublished
Cited by6 cases

This text of 517 So. 2d 1072 (Smith v. State Through Dept. of HHR) 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
Smith v. State Through Dept. of HHR, 517 So. 2d 1072, 1987 WL 850 (La. Ct. App. 1987).

Opinion

517 So.2d 1072 (1987)

Gordy SMITH, et al., Plaintiffs-Appellants,
v.
STATE of Louisiana, Through the DEPARTMENT OF HEALTH & HUMAN RESOURCES, Defendant-Appellee.

No. 86-925.

Court of Appeal of Louisiana, Third Circuit.

October 7, 1987.
Writ Granted December 18, 1987.

*1073 Russell T. Tritico, Lake Charles, for plaintiffs-appellants.

*1074 Provosty, Sadler & Delaunay, Fred B. Alexius & Steve Wheelis, Alexandria, for defendant-appellee.

Before STOKER and YELVERTON, JJ., and CULPEPPER, J. Pro Tem.[*]

WILLIAM A. CULPEPPER, Judge. Pro Tem.

Effie Smith (hereinafter decedent) died on December 11, 1982, in the emergency room of Huey P. Long Memorial Hospital in Pineville, Louisiana. Decedent's husband, Gordy Smith, and her twelve children (hereinafter plaintiffs) filed suit for damages for her wrongful death against the hospital and the attending physician, Dr. Edward Staudinger (hereinafter defendants). After trial on the merits, the judge dismissed the plaintiffs' suit finding that although defendants were negligent, there was no causal connection between defendants' negligence and the death of Effie Smith. Plaintiffs appealed, and defendants answered the appeal contesting the court's finding of negligence. We affirm.

FACTS

At approximately 7:30 P.M. on December 10, 1982, Effie Smith, accompanied by her son and daughter, was admitted to the Huey P. Long Charity Hospital in Rapides Parish, Louisiana, complaining that she "had been feeling bad for the past week" and had shortness of breath. On admission, her vital signs were taken, which revealed that her blood pressure was elevated. She was examined by Dr. Edward Staudinger, the emergency room physician, who determined that she had mild edema of the extremities and shortness of breath. After concluding that the patient appeared in no acute distress, Dr. Staudinger ordered a Lasix of 20 milligrams, a chest X-ray and an EKG. The orders were recorded on the chart at 8:05 P.M.

Nurse Anthony Gomez testified that he administered the Lasix, which is a diuretic designed to reduce blood pressure, at approximately 8:05 P.M. A chest X-ray was taken and examined by Dr. Staudinger between 9:00 and 9:30 P.M. After viewing the X-ray, Dr. Staudinger informed the patient's family that he had no reason to admit her to the hospital based on the results that he had obtained so far. A request for an EKG was charted at 9:15 P.M. by Nurse Gomez.

Nurse Everett Lofton replaced Nurse Gomez at approximately 11:15 P.M. Upon examination, Nurse Lofton determined that the patient was awake, lethargic, and her skin was cool. Decedent's daughter, who had remained in the room with decedent since her admission, testified that she left the room sometime after 11:00 P.M. to make a telephone call. When she returned ten to fifteen minutes later, she found that decedent had gone into cardiac arrest and was being given CPR by Dr. Staudinger and Nurse Lofton.

Nurse Lofton testified that as he was making his rounds between approximately 11:30 and 11:45 P.M., he saw that the decedent was in distress and determined that she had apnea (breathing difficulties) and a faint pulse. He summoned Dr. Staudinger, who was examining the EKG at the time.

The electrocardiogram (EKG) results were reported at approximately 11:45 P.M. After Dr. Staudinger examined the results, he determined that decedent had atrial fibrillation, which is an irregular heart rhythm. He testified that decedent was not in cardiac arrest at the time the EKG was taken. He further testified that as soon as he examined the EKG, Nurse Lofton summoned him to respond to decedent's cardiac arrest.

Dr. Staudinger and Nurse Lofton administered CPR to the decedent for approximately 45 minutes. Decedent never responded, and was pronounced dead at 12:37 A.M. on December 11, 1982.

No further notations were indicated on the chart after 9:15 P.M. until Nurse Lofton initiated a flow sheet subsequent to Effie Smith's death. Decedent's daughter, who had constantly remained in decedent's *1075 room until she left to make a telephone call, testified that no one checked on the decedent during the interim between the chest X-ray and the cardiac event. The nurses testified that although they did not specifically recall rechecking decedent's vital signs, the chart would have reflected any acute changes in her condition. Several expert medical witnesses, including Dr. Staudinger, testified that they did not believe that the chart documentation was adequate in this case. The experts agreed, however, that the initial orders given by Dr. Staudinger and the care administered subsequent to the cardiac arrest were adequate and appropriate for this patient.

In his reasons for judgment, the trial judge found that the records in this case were grossly inadequate, which was contrary to standard medical procedures. He also determined that the taking of the EKG three hours and forty-five minutes after it was ordered was a significantly long delay. The court concluded that the medical attention and treatment administered to the decedent were negligent and below the standard of care required for emergency room treatment in the area. However, the trial judge dismissed plaintiffs' suit for the plaintiffs' failure to prove a causal connection between defendants' negligence and Effie Smith's death.

Plaintiffs appeal the trial court's judgment, asserting the following assignments of error:

(1) The facts do not support the court's decision on the question of causation;
(2) The court failed to impose on the defendants the burden of affirmatively showing that their failure to adequately monitor the decedent would not have prolonged her life, once negligence had been established;
(3) The court failed to consider that once negligence was established, the decedent lost any chance of survival; and
(4) The court should have applied res ipsa loquitur in this case.

Defendants answered plaintiffs' appeal, asserting that the trial court erroneously found that the medical treatment and attention afforded decedent were negligent and below the area standard of care required for emergency room treatment.

BURDEN OF PROOF

In a medical malpractice action based on the negligence of a physician, the plaintiff bears the burden of establishing the doctor's deviation from the standard of care required by others in the same field. Plaintiff also must establish a causal relationship between the doctor's alleged negligence and the injury resulting therefrom. LSA-R.S. 9:2794; Banda v. Danburg, 469 So.2d 264 (La.App. 1 Cir.1985).

In cases alleging medical malpractice against a hospital, the plaintiff must demonstrate: (1) that the hospital owed the plaintiff a duty which was imposed to protect against the risk involved; (2) that the hospital breached that duty; (3) that the plaintiff suffered an injury, and (4) that the hospital's actions were a substantial cause in fact of the injury. Biggs v. U.S., 655 F.Supp. 1093 (W.D.La.1987); Belmon v. St. Frances Cabrini Hosp., 427 So.2d 541 (La. App. 3 Cir.1983).

The standard of care applicable to hospitals was set forth by the Louisiana Supreme Court as follows:

"A hospital is bound to exercise the requisite amount of care toward a patient that the particular patient's condition may require.

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Bluebook (online)
517 So. 2d 1072, 1987 WL 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-through-dept-of-hhr-lactapp-1987.