Vedros v. Massiha

646 So. 2d 1120, 93 La.App. 5 Cir. 988, 1994 La. App. LEXIS 3138, 1994 WL 638085
CourtLouisiana Court of Appeal
DecidedNovember 16, 1994
DocketNo. 93-CA-988
StatusPublished
Cited by1 cases

This text of 646 So. 2d 1120 (Vedros v. Massiha) 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
Vedros v. Massiha, 646 So. 2d 1120, 93 La.App. 5 Cir. 988, 1994 La. App. LEXIS 3138, 1994 WL 638085 (La. Ct. App. 1994).

Opinion

IzCANNELLA, Judge.

Plaintiffs, Joy and George Vedros, appeal from a district court judgment in favor of defendants, Dr. Hamid Massiha and Magnolia Surgical Facility, finding that they were not guilty of medical malpractice in the treatment rendered to plaintiffs. For the reasons which follow, we affirm.

Plaintiffs were originally referred to defendants by Joy Vedros’ uncle, Dr. Warren Leeds, upon a determination by plaintiffs for her to have a subcutaneous mastectomy as a prophylactic measure because she was a high risk cancer patient. Dr. Massiha is a plastic surgeon and Magnolia Surgical Facility is his clinic. After consultation, Dr. Massiha agreed to perform the surgery, which involved an incision and removal of the glandular and fatty tissue of the breast and insertion of polyurethane implants. This procedure took place on January 12, 1984, without apparent complications. On February 27, 1984, Joy Vedros came to defendants’ office with complications. The implants were found to be exposed and Dr. Massiha scheduled surgery for the following day to remove them. Dr. Massiha suspected that Joy Ved-ros had anlginfection, a common complication of the procedure he performed on her and he took a culture of the area to have it tested. The culture confirmed the infection, Proteus Mirabilis, and the sensitivity report provided that the most effective antibiotic treatment for that particular bacteria was Ampieillin. Dr. Massiha immediately started Joy Vedros on Ampieillin. Over the course of the next two months, it appeared that the infection had been cured. Thereafter, on May 7,1984, Dr. Massiha inserted expanders in her breasts. Through July and August the infection appeared to be gone. On August 24, 1984, the expanders were replaced with new silicone implants. Dr. Massiha followed her ease through September and there appeared to be no complications or infection.

Dr. Massiha did not see Joy Vedros again until almost a year later, in May of 1985. She then complained about the symmetry of her breasts and the size. Surgery was performed on May 29, 1985 to replace the implants with different ones. Dr. Massiha saw [1122]*1122her several times in the next few months and there appeared to be no complications until October 15, 1985, when he noted drainage from the right breast. A culture was taken which again confirmed Proteus Mirabilis infection. She was again placed on oral doses of Ampicillin. By October 22, 1985 she appeared to be free of the infection again. However, four months later, in February of 1986, her right breast was again enlarged. Dr. Massiha was out of town, so she consulted Dr. Leeds. He consulted an infectious disease specialist, Dr. Trestman. She saw Dr. Massiha on February 17, 1986 and he drained the breast and took another culture of the area which again established the existence of the same bacteria. Dr. Massiha consulted with Dr. Trestman and she was again given oral doses of Ampicillin. The right implant was removed on February 25, 1986 and she saw Dr. Massiha for the last time at a follow up visit on February 27, 1986.

Plaintiffs brought the present action against defendants, alleging that Dr. Massiha breached the appropriate standard of care in his treatment of her and that breach caused or enhanced her injuries.

The case was tried before a twelve person jury over a four day period. The jury returned a verdict in favor of defendants. The verdict was rendered by the trial court |4and signed on July 8, 1993. Plaintiffs’ motions for new trial and judgment notwithstanding the verdict were denied. Plaintiffs appealed.

On appeal, plaintiffs assign two errors, that the jury verdict was manifestly erroneous in failing to find that Dr. Massiha breached the applicable standards of care and that the jury erred in failing to find that Dr. Massiha did not obtain the informed consent of Joy Vedros.

It is well settled that, on appellate review of a factual determination, the reviewing court may not set aside a jury’s finding of fact in the absence of manifest error or unless it is clearly wrong. Also, where there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell v. Esco, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. Koehring, 283 So.2d 716 (La.1973). The issue to be resolved by the reviewing court is not whether the trier of fact was right or wrong, but whether the factfinder’s conclusion was a reasonable one. Stobart v. State through DOTD, 617 So.2d 880 (La.1993). Thus, where two permissible views of the evidence exist, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong. Stobart, supra.

Here, we must consider whether the jury was reasonable in finding that Dr. Massiha did not breach the applicable standards of care in his treatment of Joy Vedros and that he obtained her informed consent.

Plaintiffs’ argue that the jury erred in not finding that Dr. Massiha breached the applicable standards of care because the evidence established that he did not properly or adequately communicate to Joy Vedros the nature of her recurring infection and he did not consult a specialist concerning the proper treatment of the infection.

Plaintiffs contend that the appropriate standard of care requires that a physician communicate to the patient the nature of the pertinent ailment or condition. Hondroulis v. Schuhmacher, 553 So.2d 398 (La.1988). They contend that defendant failed in this regard, in that, he did not communicate to plaintiff that she was infected with Proteus Mirabilis. They further contend that Dr. Massiha did not inform plaintiff that it was an | ¿infection at all, but led them to believe that she was having some kind of reaction to the implants. Plaintiffs also contend that Dr. Massiha breached the appropriate standard of care by not referring Joy Vedros to an expert in the field of infectious disease. Plaintiffs do not contend that Dr. Massiha caused the infection but only that he deviated below the proper standard of care in his treatment of the infection after it developed.

The jury disagreed with plaintiffs and found that defendants adhered to the applicable standards of care in the treatment of Joy Vedros. We find that the record supports the jury’s determination in this regard.

[1123]*1123At trial, Dr. George Hoffman, a board certified plastic and reconstructive surgeon, who has been practicing medicine for approximately 30 years, testified in favor of defendants. He stated that in his practice he had seen several patients who contracted a pro-teus infection after having breast surgery and that, with one exception, he treated the infection in these cases himself. Dr. Hoffman testified that in treating the infections, he relied on the results of the patients’ cultures and sensitivities, as did Dr. Massiha, and prescribed the drug to which the bacteria was most sensitive, as per the report. Dr. Hoffman testified that the failure to consult an infectious disease specialist under these circumstances was not a deviation below the appropriate standard of care.

Dr. Massiha testified, in accord with other expert testimony, that he did not believe it was required to inform a patient of the Latin name for the bacteria infecting the patient’s body.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Harris v. Landry
734 So. 2d 1 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
646 So. 2d 1120, 93 La.App. 5 Cir. 988, 1994 La. App. LEXIS 3138, 1994 WL 638085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vedros-v-massiha-lactapp-1994.