White v. Edison

361 So. 2d 1292
CourtLouisiana Court of Appeal
DecidedOctober 20, 1978
Docket12060
StatusPublished
Cited by11 cases

This text of 361 So. 2d 1292 (White v. Edison) 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
White v. Edison, 361 So. 2d 1292 (La. Ct. App. 1978).

Opinion

361 So.2d 1292 (1978)

Charles WHITE, Jr., et al.
v.
Dr. W. R. EDISON.

No. 12060.

Court of Appeal of Louisiana, First Circuit.

July 10, 1978.
Rehearing Denied August 31, 1978.
Writ Refused October 20, 1978.

*1293 Roy Maughan, Baton Rouge, of counsel for plaintiffs-appellees Charles White, Jr. & Gertrude Gayden White.

Frank W. Middleton, Jr., Baton Rouge, of counsel for defendant-appellant Dr. W. R. Edison.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

Defendant (Appellant), an obstetrician, appeals from judgment in favor of plaintiffs Charles, Jr., and Gertrude Gayden White, for medical malpractice in failing to provide post-delivery treatment of sixteen year old Mrs. White during the interval following her discharge from the hospital after the normal birth of her child, and her voluntary re-hospitalization a few days later for a condition which proved to be a ruptured tubo-ovarian abscess necessitating removal of the patient's fallopian tubes and ovaries. The trial judge held that Appellant, though not responsible for the loss of the patient's bodily organs, was remiss in failing to see or examine the patient subsequent to her hospital discharge, despite telephoned complaints of pain and other symptoms of illness. So finding, the trial judge held that Appellant's negligence in failing to heed the patient's complaints and either see or examine the patient contributed to the patient's pain and discomfort. The trial court also found that had Appellant seen the patient, the rupture of the abscess might have been prevented, thus sparing the patient the inconvenience, suffering and expense attendant upon a more complicated surgical process and a more prolonged recuperative period. We affirm.

Except as otherwise noted, there is little dispute as to the operative facts. On January 11, 1973, Appellant delivered Mrs. White of an 8 pound 11 ounce child. Because of the mother's youth and the size of the child, delivery required a somewhat larger than normal incision to aid delivery. Recovery was uneventful except for complaints of abdominal pain which Appellant attributed to the incision and normal after birth discomfort. At approximately noon, *1294 January 14, 1973, the patient was discharged from the hospital pursuant to orders of Appellant, who had seen her earlier that morning and ordered discharge despite her complaints of pain, which were deemed by Appellant to be normal.

In the evening of the day of discharge, Appellant was contacted by the patient's mother, who reported via telephone that the patient was experiencing intense pain and that the patient's stomach was black and hard. Appellant attributed the symptoms to normal after birth complaints of an exceptionally young mother having borne a very large child. Appellant directed that the patient be continued on previously prescribed medication, begin taking sitz baths (sitting in hot water), and prescribed additional medication. On January 15, the mother again called Appellant, stating that the patient was worse and was having difficulty getting out of bed. Appellant acknowledges the call, but contends it was merely reported that the patient was still having pain and did not want to get up. Appellant concedes that he again prescribed continuation of medication and sitz baths. On January 16, the mother called Appellant again and reported a worsening of the condition. Appellant again advised continuation of prescribed medication and baths. On January 17, patient's mother called Appellant and advised that the patient was worse and was having chills and fever. Appellant concedes that fever was mentioned on this occasion, but he was not told the patient was having chills and fever. Appellant admits he instructed that the patient's temperature be taken with a thermometer, and that he be advised of the result. The mother responded that she did not have a thermometer and could not read one. Appellant suggested that she obtain a thermometer, have a friend or neighbor take a reading, and that Appellant be advised as to the result. It is conceded that the mother did not take a temperature reading. The mother attested to further calls on January 18 and 19, advising that the patient was worse and was still having chills and fever. Appellant disputes these alleged calls and maintains that he heard nothing further after the call on January 17. He also maintains that he was never advised that the patient was having chills and fever.

At approximately 5:00 A.M. January 20, 1973, the patient was voluntarily re-admitted to the hospital emergency room. Appellant was summoned and saw her at approximately 6:00 A.M. At this time, the patient was found to have a low grade fever of 994/5 degrees, a distended abdomen, and to be in considerable pain and distress. Appellant ordered immediate large doses of antibiotics for what he believed to be an inflammatory infection of the pelvic area. A blood count and urinalysis proved essentially negative. By noon, the patient's temperature had risen to 100 degrees, and at midnight it reached almost 104 degrees. On the afternoon of Sunday, January 21, 1973, the patient was seen by Dr. Anthony Leggio, Chief of the hospital's obstetrical and gynecological staff. Dr. Leggio considered the patient very ill, and concluded that she had a "surgical abdomen" which needed exploration. Dr. Leggio concluded that the problem could be due to appendicitis, a gall bladder condition, an ulcer, or tubo-ovarian abscess. Dr. Leggio ordered greatly increased dosages of antibiotics administered intraveneously to expedite hoped for beneficial results. Despite increased medication, the condition of the patient worsened so that on Monday, January 22, 1973, Dr. Leo Farmer, General Surgeon, was called in consultation. Dr. Farmer diagnosed the condition as a generalized abdominal inflammation or infection. He was of the view that a ruptured appendix was the most likely cause of the problem. Dr. Farmer approved the dosage and medication then being administered and recommended its continuation. The patient's condition continued to worsen and on January 23, 1973, Dr. Farmer performed surgery which revealed abscesses of the patient's fallopian tubes and ovaries (on both sides), the right side having ruptured and spread purulent material throughout the abdominal cavity. Additionally, two secondary abscesses of the lower diaphragm were also noted. Both tubes and ovaries were removed, *1295 the secondary abscesses were drained, the abdominal cavity was cleared of purulent material. The patient was placed in intensive care for approximately two weeks. In early February, Dr. Farmer performed additional surgery to redrain the secondary abscesses. The patient remained hospitalized until February 18, 1973. By March 16, 1973, the patient had recovered to the extent that she could commence a recommended mild exercise program.

The expert testimony is clearly to the effect that the abscesses were present prior to the patient's readmission to the hospital, although none of the experts could say when the abscesses started to form. The experts are also in agreement that upon readmission to the hospital, Mrs. White was a very sick person. It is also agreed by the experts that tubo-ovarian abscesses require surgical removal because antibiotics cannot cure an abscess once it forms.

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Bluebook (online)
361 So. 2d 1292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-edison-lactapp-1978.