Wilson v. WINN PARISH MED. CENTER

793 So. 2d 268, 2001 WL 687094
CourtLouisiana Court of Appeal
DecidedJune 20, 2001
Docket34,882-CA
StatusPublished
Cited by3 cases

This text of 793 So. 2d 268 (Wilson v. WINN PARISH MED. 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
Wilson v. WINN PARISH MED. CENTER, 793 So. 2d 268, 2001 WL 687094 (La. Ct. App. 2001).

Opinion

793 So.2d 268 (2001)

Courtney WILSON and Maurice Frazier, Plaintiffs-Appellants,
v.
WINN PARISH MEDICAL CENTER and Julio Iglesias, M.D., Defendants-Appellees.

No. 34,882-CA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2001.

*270 Rivers, Beck, Dalrymple & Ledet, by Joseph Dalrymple, Alexandria, Counsel for Appellants.

Brittain & Sylvester by Russell Sylvester, Natchitoches, Counsel for Appellee.

Before NORRIS, WILLIAMS and GASKINS, JJ.

GASKINS, J.

The plaintiff's in this medical malpractice suit appeal from a judgment in favor of the defendant, Dr. Julio Iglesias. The trial court found that the plaintiff's failed to prove that Dr. Iglesias' treatment of the decedent fell below the standard of care for a general surgeon. We affirm.

FACTS

The decedent, Jan Wilson, had a nearfatal heart attack in 1990. It took 45 minutes of emergency treatment by her physician, Dr. Mark Shelton, to resuscitate her. During the next two years, she saw Dr. Shelton periodically for various complaints such as epigastric pain and respiratory problems.

On September 5, 1993, Ms. Wilson, then age 41, complained to her mother of severe stomach pain. The next day, Labor Day, she went to Winn Parish Medical Center with complaints of severe abdominal pain, nausea and vomiting. Ms. Wilson was seen in the emergency room by Dr. Iglesias, a general surgeon, who found her abdomen to be soft and not distended. His initial diagnosis suggested a peptic ulcer. Ms. Wilson was admitted to the hospital under the care of her treating physician, Dr. Shelton, with Dr. Iglesias as the surgical consult. Her mother stayed with Ms. Wilson that night; she testified that her daughter constantly complained of agonizing pain and repeatedly begged for help. The pain medications given to her did little to reduce her discomfort.

At about 11:00 a.m. on September 7, Dr. Iglesias attempted to perform an endoscopy on Ms. Wilson. During the first portion of the test, blood-tinged fluid was observed in her duodenum. However, the procedure could not be completed because Ms. Wilson vomited; there was some question as to whether she aspirated. Additionally, she became severely hypoxic (the oxygen level in her blood dropped) and hypotensive (her blood pressure dropped).

Ms. Wilson was then admitted to ICU where the nurse initially reported active bowel sounds and no change in her abdomen. CT scans of her chest and abdomen ordered by Dr. Shelton earlier in the day were not performed because of the dramatic downturn in her condition following the endoscopy. No portable x-ray of the abdomen was ordered. Her white blood count, which had been 22,000 at about 1:30 a.m. on September 7th, plummeted to 2,200 by 3:00 p.m. that same day; the medical evidence indicates that this was most likely a sign of septic shock. By 11:00 p.m., a nurse noted that Ms. Wilson's *271 abdomen was round and firm and that no bowel sounds were heard. Due to her severe respiratory problems, she was intubated. Portable chest x-rays showed bilateral infiltrates; this was a significant change from the chest x-ray taken upon her admission 24 hours before which showed her lungs to be clear. Several possibilities were considered as the cause of her acute respiratory distress, including pulmonary embolism, aspiration pneumonia, and adult respiratory distress syndrome.

At about noon on September 8, 1993, Ms. Wilson was transported by helicopter to Willis-Knighton Hospital in Shreveport. There Dr. Paul Davis, a cardiologist, attempted to stabilize Ms. Wilson's condition, which was critical. Her abdomen was rigid, and there were no bowel sounds. After several hours of intensive treatment, it was felt that she was stable enough to undergo an exploratory laparotomy. However, she was so fragile that the surgery had to be performed while she was in a hospital bed because it was feared she could not survive being transferred to a surgical bed. Also, no general anesthesia was administered due to her extremely precarious condition. Surgery commenced at about 11:30 p.m. Ms. Wilson arrested as the first incision was made. Efforts to resuscitate her were unsuccessful, and she was pronounced dead shortly after midnight.

Cause of death was determined to be sepsis and multiple organ failure as the result of gangrenous changes in the bowel. Dr. William Norwood, the surgeon who operated on Ms. Wilson, was of the opinion that she may have had an infarct (or area of tissue death due to a local lack of oxygen) of the superior mesenteric artery, the main blood supply to the intestines. He stated that when he opened Ms. Wilson's abdomen, he determined that all of the small bowel and most of the large bowel were dead.

At the request of Ms. Wilson's 18-year-old daughter, Courtney Wilson, and her mother, Maurice Frazier, a medical review panel (MRP) was convened against Dr. Iglesias and Winn Parish Medical Center. A medical review panel found that neither the hospital nor the doctor fell below their respective standards of care. As to the hospital, the MRP noted that the hospital had no right to carry out procedures after the treating doctor canceled them due to the patient's deteriorating condition. As to Dr. Iglesias, the MRP found that he commenced diagnostic and medical procedures appropriately; the abdominal finding did not indicate surgical intervention or arteriography; the patient's death was not caused by the procedures followed or a lack of care; and none of the medical records or notes indicated a diagnosis of bowel infarction. The MRP concluded that faced with the patient's rapidly deteriorating condition, Dr. Iglesias acted appropriately in discontinuing diagnostic procedures and concentrating on stabilization.

Although suit was initially filed against Dr. Iglesias and Winn Parish Medical Center, the plaintiff's voluntarily dismissed the hospital from the suit in November 1997.[1] Following a bench trial on the claims against the remaining defendant, Dr. Iglesias, the trial judge rendered a written opinion in June 2000. The court found that the plaintiffs had failed to carry their burden of proving that Dr. Iglesias had breached the standard of care for a general *272 surgeon under the circumstances presented.

The plaintiffs appeal.

MANIFEST ERROR

Law

In a medical malpractice action, a plaintiff must establish the standard of care applicable to the charged physician, a violation of that standard of care, and a causal connection between the physician's alleged negligence and the plaintiff's resulting injuries. La. R.S. 9:2794. Expert witnesses who are members of the medical profession are necessary sources in actions such as these to determine whether the defendant possessed the requisite degree of skill or knowledge or failed to exercise reasonable care and diligence. Demopulos v. Jackson, 33,560 (La.App.2d Cir.6/21/00), 765 So.2d 480.

A physician is not held to a standard of absolute precision; rather, his conduct and judgment are evaluated in terms of reasonableness under then-existing circumstances, not on the basis of hindsight or in light of subsequent events. Simmons v. West, 29,633 (La.App.2d Cir.6/18/97), 697 So.2d 688, writ denied, 97-2308 (La.11/26/97), 703 So.2d 647; Langford v. Schumpert Medical Center, 33,311 (La.App.2d Cir.5/10/00), 759 So.2d 1037.

A factfinder's conclusions may not be set aside on appeal in the absence of manifest error or unless clearly wrong. Stobart v. State, Through Department of Transportation and Development, 617 So.2d 880 (La.1993).

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Cite This Page — Counsel Stack

Bluebook (online)
793 So. 2d 268, 2001 WL 687094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-winn-parish-med-center-lactapp-2001.