Stokes ex rel. Estate of Stokes v. Spartanburg Regional Medical Center

629 S.E.2d 675, 368 S.C. 515, 2006 S.C. App. LEXIS 12
CourtCourt of Appeals of South Carolina
DecidedJanuary 23, 2006
DocketNo. 4078
StatusPublished
Cited by11 cases

This text of 629 S.E.2d 675 (Stokes ex rel. Estate of Stokes v. Spartanburg Regional Medical Center) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stokes ex rel. Estate of Stokes v. Spartanburg Regional Medical Center, 629 S.E.2d 675, 368 S.C. 515, 2006 S.C. App. LEXIS 12 (S.C. Ct. App. 2006).

Opinion

HEARN, C.J.:

In this medical malpractice action, Terry Lee Stokes, the personal representative of Jennings E. Stokes’s estate, ap[517]*517peals from a jury verdict in favor of Spartanburg Regional Medical Center (the Hospital). Appellant argues the trial judge erred in failing to instruct the jury that it could draw a negative inference from the Hospital’s failure to preserve critical pieces of medical evidence. We reverse and remand.

FACTS

On June 10, 1998, Jennings Stokes, age seventy-seven, underwent surgery to remove his thyroid and lymph nodes, which were cancerous. Dr. Hull performed the surgery at the Hospital. No complications arose during the surgery, and according to Dr. Hull, Stokes’s prognosis was very good.

After surgery, Stokes was transferred to the post-anesthesia care unit (recovery room), where he remained for two hours. While there, he received oxygen through a mask, and nurses monitored his oxygen saturation levels with a device called a pulse oximeter. During this two-hour stay in the recovery room, Stokes received five doses of morphine for pain, and nurses called Dr. Hull two times because of bloody drainage coming from the neck incision.

From the recovery room, Stokes was transferred to the third floor of the Hospital, which is designated “pediatrics.”1 While on the third floor, Stokes no longer had an oxygen mask and was not being monitored with a pulse oximeter. Stokes arrived on the third floor at 6:45 p.m., and according to the nurse’s notes, by 7:30 p.m., his neck was “swollen” and his wound dressing was “saturated.” Thirty minutes later, Stokes complained of pain and received Demerol combined with Phenergan, a narcotic medication. According to the nurse, Stokes began having “difficulty breathing” at 8:30 p.m., and at 8:55 p.m., his breathing stopped. Five minutes later, a “code” was initiated.

During the code, a nurse anesthetist tried to intubate Stokes in order to provide him with oxygen, but the intubation was unsuccessful. The nurse anesthetist called the anesthesiologist for help. Dr. Cochran, a partner of Dr. Hull’s, was also notified of the code, and took charge of the resuscitation. [518]*518At 9:21 p.m., Dr. Long, the anesthesiologist, arrived and successfully intubated Stokes. Despite the intubation, Stokes could not be revived. Dr. Cochran signed the death certificate, stating the cause of death was “respiratory failure.”

Stokes’s daughter-in-law, Ann, is a registered nurse and has worked in the Hospital’s recovery room for fifteen years. Ann was by Stokes’s side while he was in the recovery room, and she stayed with him even when he was transferred to the third floor. While Ann was there, other nurses were charged with caring for Stokes, but Ann monitored him as well.

After Stokes died, his son, Terry, served as the personal representative of Stokes’s estate, and it was in this capacity that Terry (hereinafter Appellant) brought a survivorship action and wrongful death action against the Hospital and other defendants who are not parties.to this appeal. At trial, Appellant and the Hospital disputed the cause of Stokes’s death.

Appellant argued that Stokes died from a lack of oxygen, which could have been prevented if the Hospital’s staff had not deviated from the standard of care for a patient recovering from a thyroidectomy. According to Appellant’s experts, a well-known complication of this type of surgery is airway obstruction caused by the swelling of soft tissue in the patient’s neck or postoperative bleeding, which can collect in one area and form a hematoma. A hematoma is especially dangerous after surgery to the neck because it can clog a patient’s windpipe. To decrease the chance of a patient’s airway being obstructed, Appellant’s experts testified the patient should be on supplemental oxygen and vigilantly monitored for signs of respiratory distress. The experts further opined that a tracheotomy procedure kit should be kept next to the patient’s bed in the event the patient’s airway becomes so obstructed that an intubation tube cannot be placed into the patient’s throat and a “surgical airway” must be created. It was the Appellant’s position that the Hospital deviated from the standard of care by transferring Stokes to the third floor, where the nurse in charge had never cared for a thyroidectomy patient before and was not instructed to continue administering oxygen to Stokes. The Appellant further argued Stokes’s [519]*519third floor placement was unacceptable because there was no tracheotomy kit at his bedside.

The Hospital argued that Stokes died from a sudden and unexpected event, most probably a heart attack. It relied heavily on Ann, who testified as both an eyewitness and an expert witness. According to Ann, Stokes showed no signs of respiratory distress, though his respirations did slow down after he received pain medication. Ann found this reaction normal, but out of an abundance of caution, she stepped outside the room and asked for a pulse oximeter to measure his oxygen saturation level. She testified she left the room for less than a minute, and when she returned, she found Stokes’s condition had deteriorated rapidly. His breathing was shallow, his pulse weak, and he was unresponsive. The Hospital also presented evidence that Stokes had suffered a minor heart attack sometime prior to the surgery.

During trial, Appellant pointed out two pieces of medical documentation that were missing from Stokes’s medical records. First, there was evidence that blood had been drawn from Stokes’s artery during the code. This blood sample was drawn so that an arterial blood gas could be performed, which would indicate whether oxygen was reaching Stokes’s bloodstream. The medical records, however, did not contain the results from this test. The second piece of missing evidence was the vital signs flow chart prepared by the floor nurse at the time of Stokes’s death. The Hospital was unsure why the chart was missing, but speculated that it was misplaced during the code.

At trial, the judge held a conference to discuss jury charges. One of Plaintiff’s requested charges was a “spoliation of evidence” charge, which allowed jurors to draw a negative inference if it found the Hospital’s explanation regarding the missing records unsatisfactory. The trial judge agreed to the charge, and the Hospital did not object., However, when it came time to charge the jury, the trial judge failed to give the “spoliation of evidence” instruction. Appellant objected, but the court overruled the objection, explaining: “That charge I have some problems with this.”

When the jury came back with a defense verdict, Appellant’s counsel moved for a new trial based on the jury charge. [520]*520The trial judge denied the motion, stating: “I could not have charged it as written I don’t believe. I would have had to have modified it. And hopefully, my charge as a whole covered it and didn’t prejudice your case in any way I hope.” This appeal followed.

STANDARD OF REVIEW

A trial court is required to charge the current and correct law. Burroughs v. Worsham, 352 S.C. 382, 392, 574 S.E.2d 215, 220 (Ct.App.2002). When reviewing a jury charge for alleged error, our court must consider the charge as a whole, in light of the evidence and issues presented at trial. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
629 S.E.2d 675, 368 S.C. 515, 2006 S.C. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-ex-rel-estate-of-stokes-v-spartanburg-regional-medical-center-scctapp-2006.