Thomas v. West Calcasieu-Cameron Hosp.

497 So. 2d 375
CourtLouisiana Court of Appeal
DecidedNovember 5, 1986
Docket85-1251
StatusPublished
Cited by5 cases

This text of 497 So. 2d 375 (Thomas v. West Calcasieu-Cameron Hosp.) 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
Thomas v. West Calcasieu-Cameron Hosp., 497 So. 2d 375 (La. Ct. App. 1986).

Opinion

497 So.2d 375 (1986)

James THOMAS, Jr. and Myrtle Francis Thomas, Plaintiffs-Appellees,
v.
WEST CALCASIEU-CAMERON HOSPITAL, et al., Defendants-Appellants.

No. 85-1251.

Court of Appeal of Louisiana, Third Circuit.

November 5, 1986.

*377 Terry J. Manuel, Lake Charles, for defendants-appellants.

E.M. Nichols, Lake Charles, for plaintiffsappellees.

Before GUIDRY, DOUCET and KING, JJ.

KING, Judge.

The sole issue presented by this appeal is whether or not the trial court erred in the amount of its award for general damages to the plaintiff who was injured during pre-operative procedures in the defendant hospital.

Myrtle Francis Thomas (hereinafter referred to as plaintiff) and her husband, James Thomas, Jr., filed suit against West Calcasieu-Cameron Hospital (hereinafter referred to as the Hospital) and its employee, Mr. Joe Barnett (hereinafter referred to as Barnett). Plaintiff and her husband seek recovery for medical expenses and damages sustained as a result of alleged negligent acts of Barnett, the Hospital's employee. This negligence allegedly occurred during pre-operative procedures at the Hospital when Barnett attempted to draw a blood sample from plaintiff's right forearm and damaged the median or ulnar nerve. On the day of trial, defendants admitted liability and stipulated to special damages and a bill for a deposition used at trial. A trial was held only on the issue of quantum. After the trial, the trial judge rendered judgment in favor of plaintiff and her husband and against defendants, the Hospital and Barnett, in solido, for the amount of the stipulated special damages and general damages in the amount of $90,000.00, together with interest and court costs. A written judgment was signed. Plaintiff's counsel filed a motion and was granted an order to amend the judgment to set forth in a dollar amount the court costs previously taxed against the Hospital, which is a political subdivision, as provided by La.R.S. 13:5112 A. Defendant, West Calcasieu-Cameron Hospital, timely appeals the amount of general damages. Plaintiffs answer the appeal seeking an increase in quantum. We affirm.

FACTS

On May 13, 1980 plaintiff had been admitted to the Hospital and was being prepared for surgery for stomach problems. Defendant, Barnett, a medical technician and employee of the Hospital, applied a tourniquet to plaintiff's right arm and attempted to draw a blood sample with a needle and syringe. Barnett inserted the needle into plaintiff's arm and the needle damaged her median or ulnar nerve which is located at least one and one-half to two inches below the surface of the forearm where the needle was inserted. After first improperly inserting the needle into plaintiff's arm in an unsuccessful attempt to draw blood, Barnett removed the needle and was successful in drawing blood from another location in plaintiff's arm.

Following the incident which gave rise to this cause of action, plaintiff was unable to use her arm for about seven to eight months. During this time, plaintiff suffered substantial pain in her right forearm and hand, and, due to the fact that her incapacity was in her right dominant hand, plaintiff was unable to attend to many personal needs without assistance.

After a seven or eight month period following the incident, and up to the date of trial over five years later, plaintiff was unable to lift small or heavy objects with *378 her right hand and was unable to pick up any object with her right hand without concentration and great difficulty. Plaintiff complains of a lack of feeling in her lower right arm and in several of her fingers and has had to adjust to using her left hand for tasks which she would normally have performed with her right hand.

On September 13, 1985, less than two months prior to the trial on this matter, plaintiff underwent surgery by an orthopedic surgeon, Dr. R. Dale Bernauer (hereinafter referred to as Dr. Bernauer) who attempted to free the median or ulnar nerve from scar tissue which Dr. Bernauer believed to be the cause of plaintiff's disability to her right arm and hand. During the same surgery, Dr. Bernauer treated plaintiff for an apparently unrelated carpal tunnel syndrome in her right wrist. The operation, insofar as relieving plaintiff's pain and numbness in her right forearm and fingers, had not proven to be successful as of the date of trial.

Dr. Bernauer was deposed for trial purposes approximately five weeks after the corrective surgery was performed and approximately two weeks prior to trial. Dr. Bernauer testified that, in the absence of any other explanation, he believed that the scar tissue which was found on plaintiff's median or ulnar nerve during the corrective surgery was caused by the injection of the needle by defendant, Barnett. Dr. Bernauer also testified that plaintiff had not improved as a result of the corrective surgery, but that he expected some improvement, possibly when inflammation around the nerve subsided. Dr. Bernauer verified plaintiff's complaints of pain over a five year period. Further, Dr. Bernauer testified that, if the pain in plaintiff's arm did not improve, the pain might be attributed to scarring of the lining of the nerve and that attempting to open the lining of the nerve to free the nerve fibers from the scar tissue would involve a good chance of injuring the nerve fibers themselves. Corrective surgery would therefore be inadvisable and unlikely. Plaintiff also sustained a five to six inch scar as a result of the September, 1985 corrective surgery which also caused her some pain and disfigurement.

At the trial on the merits special damages in the total amount of $1,226.91 were stipulated to by counsel for plaintiffs and defendants. The Hospital and Barnett admitted to liability in this matter and plaintiffs' counsel offered into evidence the deposition of Dr. Bernauer. Testifying were the plaintiff and her husband. At the conclusion of the testimony the court took the matter under advisement. Judgment was rendered on November 15, 1985, and the plaintiff was awarded $90,000.00 for general damages and plaintiff and her husband were awarded the stipulated special damages. In his written reasons for judgment, rendered on November 15, 1985, the trial judge made several findings of fact and conclusions which we quote:

"Mrs. Thomas had a good, usable painfree right hand and arm prior to this incident. She has suffered pain for over five years and lost the greater part of the usefulness of her dominant hand. There is not good reason to believe she will not suffer pain the remainder of her life and there is good reason to believe that the loss of function of the hand is permanent.
Mrs. Thomas is a forty-eight year old Caucasian, the mother of five adults. Her husband is the instrumentation superintendent at a local chemical plant. She is a physically attractive lady with weight problems and other physical problems unrelated to the present injury. It was obvious at trial that this injury, pain and loss of function has been devastating to her. The court has encountered few claimants who are willing to undergo surgery hoping for relief for pain more than five years subsequent to injury and less than two months prior to trial on the issue of damages for that injury. That action alone lends credibility to her complaints, which, incidentally, have not been attacked in any manner and are supported by Dr. Bernauer.
* * * * * *
*379 There are no cases in this state where damages for this injury have been fixed by any other court.

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