Steinbach v. Barfield

428 So. 2d 915
CourtLouisiana Court of Appeal
DecidedFebruary 22, 1983
Docket82 CA 0528
StatusPublished
Cited by34 cases

This text of 428 So. 2d 915 (Steinbach v. Barfield) 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
Steinbach v. Barfield, 428 So. 2d 915 (La. Ct. App. 1983).

Opinion

428 So.2d 915 (1983)

Mildred STEINBACH, et al.
v.
William T. BARFIELD, et al.

No. 82 CA 0528.

Court of Appeal of Louisiana, First Circuit.

February 22, 1983.
Rehearing Denied April 6, 1983.

*917 Harry E. Forst, New Orleans, for Mildred Steinbach, et al. (appellant).

William S. Penick, New Orleans, for Dr. William T. Barfield and St. Paul Fire & Marine Ins. Co. (appellees).

William J. Jones, Jr., Covington, for Dr. William T. Barfield (appellee).

Before COVINGTON, LANIER and ALFORD, JJ.

LANIER, Judge.

This is a suit for damages alleging medical malpractice by negligence and breach of contract. After a trial, the jury returned a verdict in favor of the defendant doctor.[1] The trial judge rendered judgment in accordance with the jury's verdict. This devolutive appeal followed.

I. FACTS

On June 26, 1974, Mrs. Mildred Steinbach consulted with Dr. William Barfield, a specialist in internal medicine, practicing in Covington, Louisiana. Mrs. Steinbach gave a history of recurrent abdominal pain in the left upper quadrant, slight nausea, and weakness and pain when she urinated. Mrs. Steinbach advised Dr. Barfield that she was concerned about the possibility of having cancer. She reported normal bowel movements, no diarrhea or constipation, and no change in eating habits. Dr. Barfield conducted a physical examination and palpated Mrs. Steinbach's entire abdominal region. He found slight pain and tenderness in the left upper quadrant of the abdomen. He found no masses in the abdomen and there was no lump or pain in the right lower quadrant of the abdomen. Dr. Barfield diagnosed Mrs. Steinbach's problems as diverticulitis and an urinary tract infection. He prescribed pain and sedative medications for the diverticulitis and antibiotics for the urinary tract infection.

Mrs. Steinbach returned to see Dr. Barfield on July 1,1974, complaining of continued abdominal pain in the left upper quadrant, bowel spasms, irritation and possible fever. She again expressed her concern to Dr. Barfield about having cancer. Dr. Barfield's examination revealed pain and tenderness in the left upper quadrant. He found no masses in the abdomen and the bowel sounds were normal. Dr. Barfield determined to admit Mrs. Steinbach to the St. Tammany Parish Hospital for diagnostic testing and continued her medications.

On July 4, 1974, Mrs. Steinbach was admitted to the St. Tammany Parish Hospital and gave a history of recurrent and progressive left upper quadrant pain associated with nausea and rare vomiting spells. Mrs. Steinbach underwent extensive diagnostic testing of her body systems. On July 6, 1974, Dr. Charles Nice, a specialist in diagnostic radiology, performed a barium enema on her and rendered the following report to Dr. Barfield:

*918 "There are numerous scattered diverticula in the sigmoid colon. Remainder of the colon is probably within normal limits down to the region of the ileocecal valve. There is a large filling defect which probably represents lipomatous infiltration of the ileocecal valve. It has a little different appearance than the usual case of this condition and this may be because of the place of entrance of the ileocecal valve into the cecal region. For this reason it is suggested that the patient have another barium enema on a separate day to study this patient again.
"Impression: 1. Numerous diverticula in sigmoid colon.
2. Probable lipomatous infiltration of the ileocecal valve."
(Emphasis added).

A lipoma is a benign deposit of fatty tissue.

The diagnostic studies revealed that Mrs. Steinbach had the following problems:

(1) hiatal hernia with esophageal reflux;
(2) diverticulitis;
(3) inguinal (groin) hernia on the right side; and
(4) probable lipomatous infiltration of the ileocecal valve.

Inguinal hernias are definite risks in elderly people. A lipoma is a benign condition that is not serious. Mrs. Steinbach indicated that she wanted the inguinal hernia repaired. After consulting with Dr. Phillip Demarie, a specialist in general surgery, Dr. Barfield made a clinical judgment to postpone having another barium enema and elected to have a surgical repair of the inguinal hernia. Dr. Demarie surgically repaired the inguinal hernia on July 11, 1974. Mrs. Steinbach underwent an uneventful postoperative course, except for evidence of postoperative psychosis or toxic delirium. She was discharged from the hospital on July 17, 1974.

Mrs. Steinbach went to Dr. Barfield on July 25, 1974, and complained of continuing severe pain and irritability in the left upper quadrant. There was no significant nausea or vomiting. Her bowel movements were normal, her appetite was the same, and she suffered no weight loss. Examination revealed slight pain and tenderness in the left upper quadrant. No masses were felt in the abdomen and her bowel sounds were normal. Dr. Barfield prescribed continued medication, a diet and antacids. He advised her to return in two weeks for a followup visit.

On August 8, 1974, Mrs. Steinbach went to the St. Tammany Parish Hospital emergency room complaining of recurrent severe abdominal pain. She was given a shot for pain and told to come back the next day because there were no beds available. On August 9, 1974, she was admitted to the St. Tammany Parish Hospital. She gave a history of refractory epigastric pain, nausea, weakness, anorexia and severe lethargy. The pain was persistent, epigastric in location, and radiated sometimes into the back area. The purpose of her admission was for possible gastroscopy and consideration for possible surgery if necessary. An abdominal examination revealed moderate to severe epigastric pain and tenderness. No masses were felt in her abdomen and her bowel sounds were normal. Mrs. Steinbach was placed at bed rest and diagnostic procedures were started.

On August 10, 1974, Mrs. Steinbach and her family determined to leave the St. Tammany Parish Hospital and seek medical assistance elsewhere. On her discharge from the St. Tammany Parish Hospital, her condition was diagnosed as extreme anxiety, possible depressive syndrome, gastritis, esophagogastritis with hiatal hernia and reflux. On August 10, 1974, Mrs. Steinbach was admitted to the Meadowbrook Hospital in Belle Chase, Louisiana, under the care and supervision of Dr. Ray Evers where she underwent vitamin and nutritional therapy until September 11, 1974. She had complaints of abdominal pain and distress. The pain was located in the mid-epigastric area of the abdomen. She also complained of indigestion, heartburn, gas, distention and constipation. She also advised that she had some nausea and vomiting and ate very little. She indicated that her present illness started as an acute attack of hiatal hernia *919 about four days previously and had grown progressively worse. Her discharge summary from the Meadowbrook Hospital by Dr. John Potter indicated that she was suffering with the following problems:

(1) hiatal hernia with reflux;
(2) gastroenteritis;
(3) generalized arteriosclerosis;
(4) osteoarthritis, osteoporosis;
(5) postoperative adhesions; and
(6) anxieties, mental deficiency.

Mrs.

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Bluebook (online)
428 So. 2d 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinbach-v-barfield-lactapp-1983.