Springhill Hospitals, Inc. v. Dimitrios Critopoulos.

87 So. 3d 1178, 2011 WL 5607816, 2011 Ala. LEXIS 194
CourtSupreme Court of Alabama
DecidedNovember 18, 2011
Docket1090946
StatusPublished
Cited by2 cases

This text of 87 So. 3d 1178 (Springhill Hospitals, Inc. v. Dimitrios Critopoulos.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Springhill Hospitals, Inc. v. Dimitrios Critopoulos., 87 So. 3d 1178, 2011 WL 5607816, 2011 Ala. LEXIS 194 (Ala. 2011).

Opinion

WISE, Justice.

The defendants, Springhill Hospitals, Inc., d/b/a Springhill Memorial Hospital (“Springhill”), Dennis Rushing, Ashley Fleming, and Janel Ostriechmerer (hereinafter referred to collectively as “the defendants”), appeal from a judgment in favor of the plaintiff, Dimitrios Critopoulos.

Facts and Procedural History

On April 10, 2006, Critopoulos was admitted to Springhill Memorial Hospital to undergo a heart catheterization. On April 11, 2006, Dr. Dimitris Kyriazis performed a cardiac-artery-bypass graft (“CABG”) on Critopoulos. After the surgery, Critopou-los was admitted to the cardiac-recovery unit. Critopoulos was in the cardiac-recovery unit until April 16, 2006, when he was transferred to the cardiac-step-down or cardiac-intervention unit. Around 11:50 a.m. on April 14, 2006, before Critopoulos was transferred, Rushing, a registered nurse who worked in both the cardiac-recovery and cardiac-intervention units performed a reassessment of Critopoulos. During that reassessment, Rushing noticed a discoloration on the back of Crito-poulos’s neck. He subsequently moved Critopoulos from the bed to a chair. At approximately 1:50 p.m., Rushing was helping Critopoulos back to bed when he noticed a blister on the back of Critopou-los’s neck and. a stage I decubitus or pressure ulc.er on Critopoulos’s coccyx. On April 19, 2006, Critopoulos was released from the hospital.

On April 20, 2006, Critopoulos went to Mobile Infirmary, a hospital in Mobile, where he complained of shortness of breath, difficulty breathing, a sacral pressure ulcer, and an open wound in the posterior of his neck. The plastic surgeon at the hospital determined that surgery was not necessary for Critopoulos’s wounds at that time and that the wounds could be treated with local wound care and by applying medicines to the wounds. Cri-topoulos was subsequently released from the hospital.

On May 8, 2006, Critopoulos was again admitted to Mobile Infirmary because the sacral pressure ulcer had gotten worse. The ulcer was debrided by the plastic surgeon at that time. Critopoulos was released from the hospital on May 11, 2006. Critopoulos continued to receive treatment for his wounds until late 2009.

On April 8, 2008, Critopoulos fíléd a medical-malpractice action against Spring-[1180]*1180hill, Rushing, Fleming, Ostriechmerer, and Scott Holcombe.1 Rushing, Fleming, Os-triechmerer, and Holcombe were all nurses in the cardiac-recovery unit of Spring-hill who provided care for Critopoulos.

On July 10, 2009, Holcombe and the defendants filed an “Objections to Qualifications of Plaintiffs Nursing Expert, Penny Jones, R.N.,” and a motion to exclude her testimony.

The trial in this case started on January 11, 2010. At trial, Penny Jones, a registered nurse who practiced in wound-care management, testified as Critopoulos’s expert witness regarding the standard of care. Jones testified that Rushing, Fleming, Holcombe, and Ostriechmerer had breached the standard of care in this case by not performing an assessment to determine Critopoulos’s risk of developing pressure ulcers; by not turning and repositioning Critopoulos every two hours while he was a patient in the cardiac-recovery unit; and by not developing a plan of care for the prevention of pressure ulcers. She also testified that Fleming and Rushing had breached the standard of care by not providing complete wound assessments after the pressure ulcer developed. At trial, the defense moved to exclude Jones’s testimony on the ground that she was not a similarly situated health-care provider under § 6-5-548, Ala.Code 1975. The trial court denied the motion.

Holcombe and the defendants filed motions for a judgment as a matter of law at the close of Critopoulos’s case-in-chief and again at the close of all the evidence, which the trial court denied. On January 19, 2010, the jury returned a verdict in favor of Critopoulos and against Rushing, Os-triechmerer, Fleming, and Springhill in the sum of $300,000. The jury also returned a verdict in favor of Scott Holcom-be and against Critopoulos.

On February 11, 2010, the defendants filed a renewal of their motions for a judgment as a matter of law or, in the alternative, for a new trial. Critopoulos filed an opposition to the motion. On February 26, 2010, the trial court denied the defendants’ motion. This appeal followed.

Standard of Review
‘“The standard of review applicable to whether an expert should be permitted to testify is well settled. The matter is “largely discretionary with the trial court, and that court’s judgment will not be disturbed absent an abuse of discretion.” Hannah v. Gregg, Bland & Berry, Inc., 840 So.2d 839, 850 (Ala.2002). We now refer to that standard as a trial court’s “exceeding its discretion.” See, e.g., Vesta Fire Ins. Corp. v. Milam & Co. Constr., Inc., 901 So.2d 84, 106 (Ala.2004) (“Our review of the record supports the conclusion that the trial court did not exceed its discretion in finding that Jones was properly qualified as an expert under Rule 702[, Ala. R. Evid.,] and in considering his testimony.”). However, the standard itself has not changed.’
“Kyser v. Harrison, 908 So.2d 914, 918 (Ala.2005).”

Robinson v. Baptist Health Sys., Inc., 24 So.3d 1119, 1125 (Ala.Civ.App.2009).

“ ‘ “The standard of review applicable to a motion for directed verdict or judgment notwithstanding the verdict [1181]*1181[now referred to as a preverdict and a postverdict motion for a judgment as a matter of law] is identical to the standard used by the trial court in granting or denying the motions initially. Thus, when reviewing the trial court’s ruling on either motion, we determine whether there was sufficient evidence to produce a conflict warranting jury consideration. And, like the trial court, we must view any evidence most favorably to the non-movant.” ’
“Glenlakes Realty Co. v. Norwood, 721 So.2d 174, 177 (Ala.1998) (quoting Bussey v. John Deere Co., 531 So.2d 860, 863 (Ala.1988)).”

Parker v. Williams, 977 So.2d 476, 480 (Ala.2007).

Discussion

In this case, the defendants argue that the trial court erroneously allowed Penny Jones to testify as Critopoulos’s standard-of-care expert because, they argue, she was not a similarly situated health-care provider as to the individual defendants, as required by § 6-5-548, Ala.Code 1975. The Alabama Medical Liability Act, § 6-5-480 et seq. and § 6-5-540 et seq., Ala. Code 1975, includes the following provisions regarding medical-malpractice claims:

“(a) In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like ease.

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Related

Boyles ex rel. Boyles v. Dougherty
143 So. 3d 682 (Supreme Court of Alabama, 2013)
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123 So. 3d 945 (Supreme Court of Alabama, 2013)

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Bluebook (online)
87 So. 3d 1178, 2011 WL 5607816, 2011 Ala. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springhill-hospitals-inc-v-dimitrios-critopoulos-ala-2011.