Williamson v. St. Francis Medical Center

559 So. 2d 929, 1990 WL 40550
CourtLouisiana Court of Appeal
DecidedApril 4, 1990
Docket21306-CA
StatusPublished
Cited by28 cases

This text of 559 So. 2d 929 (Williamson v. St. Francis Medical Center) 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
Williamson v. St. Francis Medical Center, 559 So. 2d 929, 1990 WL 40550 (La. Ct. App. 1990).

Opinion

559 So.2d 929 (1990)

Thresa L. WILLIAMSON and Godfrey S. Williamson, Plaintiffs-Appellants,
v.
ST. FRANCIS MEDICAL CENTER, INC. d/b/a St. Francis Medical Center, Ora Britton, et al., Defendants-Appellees.

No. 21306-CA.

Court of Appeal of Louisiana, Second Circuit.

April 4, 1990.

*930 Hamilton & Carroll by Donald K. Carroll, Oak Grove, for plaintiffs-appellants.

Hayes, Harkey, Smith, Cascio & Mullens by Bruce M. Mintz, Monroe, for defendants-appellees.

Before FRED W. JONES, Jr., NORRIS and LINDSAY, JJ.

LINDSAY, Judge.

The plaintiffs, Thresa L. Williamson and Godfrey S. Williamson, appeal a trial court judgment rendered in their favor, seeking an increase in the trial court's awards of damages. For the reasons assigned below, we amend the judgment of the trial court, and, as amended, affirm.

FACTS

Mrs. Williamson, who was then seventy-seven years old, entered St. Francis Medical Center on November 16, 1985. She was suffering from severe pain in her left hip. Her treating physician, Dr. Frank X. Cline, had diagnosed her condition as severe degenerative arthritis in her left hip. On November 21, 1985, Mrs. Williamson underwent surgery for a total left hip replacement. The surgery was performed by Dr. Cline.

On November 29, 1985, Mrs. Williamson was in bed in her room in the St. Francis Medical Center. She was being attended by Ora Britton, L.P.N. Ms. Britton, who was acting alone, attempted to help Mrs. Williamson in turning over in her bed. During this procedure, the nurse neglected to take measures to prevent Mrs. Williamson's legs from crossing and thus allowed the surgically implanted hip component to become dislodged. Dr. Cline's partner was called and he tried unsuccessfully to manipulate the component back into place. Mrs. Williamson was in severe pain and required pain medication for several days. On December 5, 1985, Dr. Cline operated again, *931 this surgery consisting of another hip replacement. During the course of this second surgery, Dr. Cline reopened the same incision and installed another hip component. However, this procedure was not as extensive or as intrusive as the first surgery.

On December 11, 1985, Mrs. Williamson was transferred to the hospital's rehabilitation unit. On December 17, 1985, she was released from the hospital and taken home by ambulance. After returning home, Mrs. Williamson required special home care services three times per week for the next three months. She resumed walking in April of 1986. At trial, approximately three years after her surgery, Mrs. Williamson still required the assistance of a walker.

Subsequent to the surgeries, Mrs. Williamson developed heterotopic bone formation around the hip joint. This condition involves unexpected formation of new bone in the soft tissues. Apparently such formation occurs in only two to three percent of all total hip replacements. According to Dr. Cline, the condition is unpredictable and its cause is unknown. Dr. Cline first saw evidence of this condition in February of 1986.

Mrs. Williamson continued to see Dr. Cline periodically. In June, 1986, Dr. Cline noted that she was walking satisfactorily with the walker. In November, 1986, Dr. Cline observed that she had no limp at that time. Thereafter, Dr. Cline continued to monitor her condition, seeing her three times in 1987 and twice in 1988.

On January 20, 1988, the Williamsons filed suit against St. Francis Medical Center and its employee, Ora Britton, claiming that their negligence caused Mrs. Williamson's injury. Mr. Williamson, who was also elderly and disabled, sought recovery for loss of consortium.

A trial on the merits was held December 15, 1988. Both of the plaintiffs testified. Carolyn Ann Powers, R.N., Ms. Britton's supervisor, was called by the plaintiffs on cross-examination. Dr. Cline's testimony was presented by deposition. The defendants presented the testimony of Ms. Britton, Ms. Powers, and Ferrell Lynn Crowell, St. Francis' assistant administrator.

On February 15, 1989, the trial court issued a written opinion in which it granted judgment in favor of the plaintiffs. In its opinion, the trial court awarded $14,000 in general damages for the additional pain suffered by Mrs. Williamson in the interval between the time of the accidental hip dislocation and the second surgery, as well as for the pain caused by the second surgery. The trial court found that she was not entitled to damages for disability or loss of earnings. Furthermore, inasmuch as Mrs. Williamson paid no hospital expenses (Medicare paid approximately one-third of the $18,000 bill and the hospital "contractually adjusted" or cancelled the remaining balance), the trial court felt that she was not entitled to recover for these items. The trial court also found that the evidence did not demonstrate that the drugs, home care therapy and trips to medical clinics were required by the second surgery alone. The trial court assessed an expert witness fee of $225 for Dr. Cline (who had charged the plaintiffs a fee of $425).

Additionally, the trial court awarded $750 to Mr. Williamson for loss of consortium. The court found that very little of his loss of his wife's services was attributable to the dislocation and second surgery. Judgment in conformity with this written opinion was signed on April 13, 1989.

The plaintiffs appeal from this judgment. They assign the following as error: (1) the trial court erred in awarding inadequate damages to Mrs. Williamson and in failing to award special damages, such as loss of wages and compensation for disability; (2) the trial court erred in making an inadequate award to Mr. Williamson for loss of consortium; (3) the trial court erred in not ordering payment of certain medical bills which were stipulated by the parties as being correct; (4) the trial court erred in refusing recovery of special damages for certain expenses paid by collateral sources; and (5) the trial court erred in awarding Dr. Cline an expert witness fee of only $225.

*932 AWARD OF GENERAL DAMAGES TO MRS. WILLIAMSON

Heterotopic Bone

The plaintiffs argue that Mrs. Williamson is entitled to an increase in the award of general damages rendered by the trial court. They contend that the defendants' negligent dislocation of her hip prosthesis aggravated a preexisting condition and that Mrs. Williamson is entitled to compensation for the full extent of the aggravation. They further contend that since the trial court was unable to determine whether the heterotopic bone which formed in the soft tissues around her hip joint resulted from the first or the second surgery, Mrs. Williamson is entitled to recover from the defendants for all of her damages.

In their brief, the plaintiffs argue that where it is impossible to apportion between a pre-existing condition and a subsequent trauma, the tortfeasors are liable for the entire damages. In support of this proposition, the plaintiffs cite Newbury v. Vogel, 151 Colo. 520, 379 P.2d 811 (1963); and Wise v. Carter, 119 So.2d 40 (Fla.Dist. Ct.App.1960). However, they do not cite any Louisiana cases in which this rule has been adopted. Cf. Frey v. Alfred, 492 So.2d 48, 52 (La.App. 1st Cir., 1986), in which the plaintiff also cited these out-of-state cases without directing the court to any corresponding Louisiana jurisprudence.

Before recovery can be granted for aggravation of a pre-existing condition, a causative link between the accident and the victim's current status must be established. Harrigan v. Freeman,

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Cite This Page — Counsel Stack

Bluebook (online)
559 So. 2d 929, 1990 WL 40550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-st-francis-medical-center-lactapp-1990.