Walker v. Sonora Regional Medical Center

202 Cal. App. 4th 948, 135 Cal. Rptr. 3d 876, 2012 Cal. App. LEXIS 18
CourtCalifornia Court of Appeal
DecidedJanuary 12, 2012
DocketNo. F060420
StatusPublished
Cited by10 cases

This text of 202 Cal. App. 4th 948 (Walker v. Sonora Regional Medical Center) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Sonora Regional Medical Center, 202 Cal. App. 4th 948, 135 Cal. Rptr. 3d 876, 2012 Cal. App. LEXIS 18 (Cal. Ct. App. 2012).

Opinion

[952]*952Opinion

KANE, J.

Plaintiff Amber Walker gave birth to a child with cystic fibrosis approximately one year after her personal physician, defendant Donavon Teel, M.D., failed to inform her that she tested positive as a carrier of cystic fibrosis. The present appeal concerns the potential liability, if any, of defendant Sonora Regional Medical Center (the Hospital) for its limited role in the laboratory testing and reporting process. Amber went to the Hospital laboratory for her cystic fibrosis screening test that was ordered by Dr. Teel’s office. The Hospital took a blood specimen and sent it to an outside laboratory that performed the genetic testing. When the laboratory results of the genetic testing were received by the Hospital, it promptly transmitted them to Dr. Teel. Unfortunately, Dr. Teel failed to advise Amber of the results. Amber, along with her husband, Adam, and their child bom with cystic fibrosis, Payton, filed a complaint for damages against both Dr. Teel and the Hospital, alleging theories of medical and corporate negligence.1

The Hospital moved for summary judgment primarily on the ground that it had no duty to directly notify Amber of the laboratory results.2 According to the Hospital’s motion, its sole duty under the circumstances was to transmit the laboratory results to Dr. Teel, whose responsibility it was to inform and counsel his patient regarding the same. The trial court agreed with the Hospital’s analysis on the issue of duty, concluded that the Walkers’ various claims of liability against the Hospital were without merit, and granted the motion for summary judgment. The Walkers appeal. We will affirm.

FACTS AND PROCEDURAL HISTORY

On August 31, 2004, Amber selected Dr. Teel, of Hillside Obstetrics & Gynecology Medical Group, Inc., to be her personal physician for the care of her pregnancy. She knew of Dr. Teel because he had been in practice a long time as an OB/GYN in Sonora, had delivered babies for friends of hers, and she understood that he was affiliated with and delivered babies at the Hospital, where she wanted her baby to be bom. At that time, however, she suspected she was having a miscarriage, which Dr. Teel confirmed, and the miscarriage occurred days later.

[953]*953On January 27, 2005, Amber returned to Dr. Teel’s office for care of a new pregnancy. She was examined by Nurse Practitioner Cheryl Smith, an employee of Dr. Teel’s, who took Amber’s history and confirmed the pregnancy. Routine prenatal laboratory tests were ordered. A cystic fibrosis screening test was also ordered.3 The purpose of a cystic fibrosis screening test is to detect a person’s genetic predisposition to having a child with cystic fibrosis. If a person is found to test positive for the cystic fibrosis mutation, they are deemed a “carrier” and the chances of that person having a child with cystic fibrosis will be one in four if his or her reproductive partner is also a carrier.

Amber went to the Hospital outpatient laboratory for her cystic fibrosis screening test. A blood specimen was taken, but the Hospital laboratory did not actually perform the genetic testing. Instead, they sent the blood specimen to Associated Regional & University Pathologists (ARUP), a laboratory in Salt Lake City, Utah, for processing. The ARUP laboratory processed the blood specimen and determined that Amber had a genetic abnormality at “Allele 1,” indicating that she was a carrier of cystic fibrosis. On February 3, 2005, the Hospital laboratory received the report from the ARUP laboratory showing the abnormal results of Amber’s cystic fibrosis screening. On that same day, the Hospital laboratory electronically transmitted the laboratory results to Dr. Teel, and Dr. Teel personally reviewed the results at that time. In transmitting the laboratory results, the information was reformatted from the ARUP report. The Hospital’s transmitted version of the laboratory results also included a note stating: “Heterozygous: One mutation was identified indicating this individual is at least a carrier of CF.”

When Dr. Teel saw the laboratory results transmitted by the Hospital laboratory on February 3, 2005, he recognized immediately that Amber tested positive for cystic fibrosis at Allele 1 and negative for cystic fibrosis at “Allele 2.” He made notations to that effect on the report—including a notation to review the chart and a circle around the test results—so that he would be sure to inform Amber of the results at her upcoming appointment.4 Amber had experienced another miscarriage and she had a followup appointment scheduled for February 15, 2005. However, Dr. Teel failed to inform her of the cystic fibrosis test results at that time. On February 22, 2005, Dr. Teel’s [954]*954office received the laboratory report from the ARUP laboratory. The report clearly flagged the abnormal findings and disclosed that Amber was a carrier of cystic fibrosis. Dr. Teel also made a notation on that report to review it with his patient, but he failed to do so.

On June 28, 2005, Amber returned to Dr. Teel’s office and he found that she was five to six weeks pregnant. During the subsequent course of her pregnancy, Amber had appointments at Dr. Teel’s office for prenatal care on July 13, 2005, August 9, 2005, September 6, 2005, October 3, 2005, November 7, 2005, December 9, 2005, January 6, 2006, January 20, 2006, and February 7, 2006. Dr. Teel did not inform Amber on any of these occasions that she tested positive for the cystic fibrosis mutation. At the July 13, 2005 office visit, when Amber was seven to eight weeks pregnant, Nurse Practitioner Smith filled out a new prenatal chart. On the first page of that chart, Smith wrote that Amber declined cystic fibrosis testing because “C.F. testing prev. neg.” According to Smith, she offered the testing but Amber declined, saying it was previously negative. Amber denied that she ever told Smith that the prior test was negative.

Amber gave birth to her daughter, Payton, on February 12, 2006. On October 10, 2007, Payton was officially diagnosed with cystic fibrosis by pediatric physicians at Children’s Hospital & Research Center Oakland.

On July 9, 2008, the Walkers filed a complaint for damages setting forth four causes of action. According to the complaint, if Amber and Adam Walker had been advised of the risk that their offspring would have cystic fibrosis, they would not have conceived Payton. The named defendants in each cause of action included Dr. Teel and the Hospital. The first cause of action was by Payton Walker for medical negligence against all defendants. The second cause of action was by Amber and Adam Walker for medical negligence against all defendants. The basis of the first two causes of action was an alleged duty of care on the part of both Dr. Teel and the Hospital to notify and counsel Amber of the results of the cystic fibrosis screening test. The third cause of action was against the Hospital on a theory of corporate negligence. The third cause of action alleged that the Hospital, as a hospital, owed a duty to (1) directly inform and counsel Amber concerning the laboratory results, (2) invoke policies to ensure that Amber would be informed and counseled concerning the laboratory results, and (3) use reasonable care in selecting and supervising staff physicians such as Dr. Teel. Additionally, the third cause of action included a potential claim that Dr. Teel was the Hospital’s ostensible agent.

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Bluebook (online)
202 Cal. App. 4th 948, 135 Cal. Rptr. 3d 876, 2012 Cal. App. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-sonora-regional-medical-center-calctapp-2012.