Yuska v. HCA HEALTH SERVICES OF LOUISIANA

684 So. 2d 1093, 1996 WL 709197
CourtLouisiana Court of Appeal
DecidedDecember 11, 1996
Docket28878-CA
StatusPublished
Cited by8 cases

This text of 684 So. 2d 1093 (Yuska v. HCA HEALTH SERVICES OF LOUISIANA) 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
Yuska v. HCA HEALTH SERVICES OF LOUISIANA, 684 So. 2d 1093, 1996 WL 709197 (La. Ct. App. 1996).

Opinion

684 So.2d 1093 (1996)

Mary Darlene YUSKA, et al, Plaintiffs-Appellants,
v.
HCA HEALTH SERVICES OF LOUISIANA, INC., dba Highland Hospital, Defendants-Appellees.

No. 28878-CA.

Court of Appeal of Louisiana, Second Circuit.

December 11, 1996.

*1094 Donald R. Miller, Shreveport, for Appellants.

Cook, Yancey, King & Galloway by Samuel W. Caverlee, Shreveport, Blanchard, Walker, O'Quin & Roberts by Lawrence W. Pettiette, Jr., and Paul M. Adkins, Shreveport, for Appellees.

Before HIGHTOWER, WILLIAMS and PEATROSS, JJ.

PEATROSS, Judge.

In this medical malpractice action, the plaintiffs, Mary Darlene Yuska and her son, Corey Roger Yuska, appeal an adverse jury verdict rendered in favor of the defendants, Dr. Daniel J. Moller, Jr. and Dr. Robert Massingill, finding they did not fall below the standard of care required in their treatment of Robert Allen Yuska. For the reasons assigned below, we affirm the judgment of the trial court.

FACTS

On the evening of July 23, 1989, after returning from a weekend fishing trip, Robert Allen Yuska, a 41-year old registered nurse, experienced a painful headache and a droopy left eye. Fearing that her husband was experiencing a stroke or a ruptured brain aneurysm, Mrs. Yuska drove Mr. Yuska to the Highland Hospital emergency room for medical treatment. Hospital records reflect that the two arrived at the emergency room at 9:55 p.m. An emergency room nurse took Mr. Yuska's history and vital statistics.

Defendant, Dr. Robert J. Massingill, who was the emergency room doctor on call, performed a clinical examination of Mr. Yuska. The patient complained of a painful headache behind his left eye, and Dr. Massingill noted that he had a drooping left eye, or ptosis. Dr. Massingill felt Mr. Yuska's symptoms were indicative of a neurological problem involving the third cranial nerve. He prescribed pain medication for Mr. Yuska and ordered an I.V. to be started. He also ordered a CT scan, with and without a contrast medium.

Dr. Massingill attempted to contact Mr. Yuska's personal physician, Dr. Chris Rheams, but, instead, reached Dr. Rheams' practice partner, Dr. Daniel Moller, who was on duty that night. Dr. Massingill informed Dr. Moller of Mr. Yuska's history, symptoms and immediate treatment. Believing that Mr. Yuska could be suffering a ruptured berry aneurysm, Dr. Moller went to the hospital. Mr. Yuska was still in the emergency room when Dr. Moller arrived. After conducting a physical exam and obtaining Mr. Yuska's personal history, Dr. Moller concurred in the CT scan with and without a contrast medium order.

Mr. Yuska was transferred to the radiology department, where Karen Brunner, the radiological technician, met him. After reviewing his past records, Ms. Brunner recognized Mr. Yuska from a previous CT scan she had performed on him with contrast medium. *1095 Ms. Brunner questioned Mr. Yuska about allergies, discussed the previous scan, explained the procedure she would administer and discussed the risks involved. After performing the CT scan without the contrast medium, Ms. Brunner injected Mr. Yuska with Conray 43, the contrast medium. After she injected the initial amount of contrast medium into Mr. Yuska's I.V., he told her that he was having a little difficulty breathing, but that he was fine.

While Ms. Brunner waited to start the hanging drip which contained the remaining contrast medium, Mr. Yuska asked if she would help him sit up. Eventually, Mr. Yuska said he was ready to continue and he lay down. Ms. Brunner was about to begin the scan, but noticed Mr. Yuska was still having difficulty breathing. She called the emergency room and asked Dr. Massingill to come to the CT scan room, and then called a code (the signal that life saving procedures are needed).

Once in the CT scan room, Dr. Massingill administered epinephrine to counter what he diagnosed as respiratory distress and, after some difficulty, intubated Mr. Yuska. Dr. Moller responded to the code and found Mr. Yuska intubated, breathing and unconscious. Dr. Moller began assessing the patient, checking the reactivity of the pupils, the lungs for air movement and the heartbeat and pulse. Suddenly, Mr. Yuska woke up flailing his arms and pulling at the endotracheal tube. Unable to restrain Mr. Yuska, who weighed over 250 pounds, and fearing that he may pull the tube out, Dr. Moller pulled out his pocket knife and cut the tube, thereby deflating the balloon at the end of the endotracheal tube.

Once the tube was deflated, Dr. Moller extubated Mr. Yuska. Initially, Mr. Yuska was breathing on his own; however, his breathing subsequently became very shallow. Unable to reintubate the patient, Dr. Moller used a face mask and ambu bag to move oxygen into Mr. Yuska's lungs. He was then transported to the intensive care unit where the doctors continued resuscitation efforts. CPR efforts were discontinued at 1:14 a.m. on July 24, 1989, and Mr. Yuska was declared dead.

The plaintiffs originally filed suit against HCA Health Services of Louisiana, Inc., d.b.a. Highland Hospital for the wrongful death of Mr. Yuska allegedly caused by the medical negligence of Highland's employees. Plaintiffs also requested a medical review panel which subsequently rendered an opinion finding that neither the hospital nor the doctors failed to meet the appropriate standard of care, that the doctors' conduct was not a factor in the resulting damages, that obtaining informed consent was not possible because of the emergency situation and that informed consent was implied.

The plaintiffs amended their petition and named Dr. Massingill, Dr. Moller and their malpractice insurer as defendants. Before trial, plaintiffs dismissed Highland Hospital from the suit. After a four-day jury trial with numerous expert witnesses, the jury returned a verdict in favor of the defendants finding that their treatment of Mr. Yuska did not fall below the standard of care.

Plaintiffs appeal, arguing that the jury was wrong in finding no liability on the part of Dr. Massingill and Dr. Moller because the evidence clearly shows that the doctors failed to obtain Mr. Yuska's informed consent to the administration of the Conray 43 contrast medium. Plaintiffs also argue that the act of extubating Mr. Yuska fell below the standard of care and contributed to his death. Plaintiffs request they be awarded $5,008.66 for funeral expenses, $4,711.51 for medical expenses incurred by Corey Yuska as a result of his father's death, $250,000 each in wrongful death damages and survival damages proportionate to the loss of chance of survival suffered by Mr. Yuska.

DISCUSSION

Assignment of Error No. 1: Informed Consent

The plaintiffs argue that neither Dr. Massingill nor Dr. Moller obtained the informed consent of Mr. Yuska or his wife for the injection of the Conray 43 contrast medium. While plaintiffs alleged lack of informed consent in both their original and amended petitions, we do not find that this issue was specifically addressed in plaintiffs' closing arguments, *1096 the jury instructions or the jury interrogatories. The record, therefore, does not reflect that this issue was ever presented to the jury. We conclude, nevertheless, that there was informed consent.

Where the circumstances permit, the patient should be told the nature of the pertinent ailment or condition, the general nature of the proposed treatment or procedure, the risks involved therein, the prospects of success, the risks of failing to undergo any treatment or procedure at all and the risks of any alternate methods of treatment. Roberts v. Cox,

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

Related

Tompkins v. Bryan
975 So. 2d 723 (Louisiana Court of Appeal, 2008)
Alicia Lester v. Dr. Robert Levy
Louisiana Court of Appeal, 2006
Britt v. Taylor
852 So. 2d 1128 (Louisiana Court of Appeal, 2003)
Fluck v. Coffman
742 So. 2d 79 (Louisiana Court of Appeal, 1999)
Nwokolo v. Torrey
726 So. 2d 1055 (Louisiana Court of Appeal, 1999)
Morace v. Melvyn's Restaurant, Inc.
719 So. 2d 139 (Louisiana Court of Appeal, 1998)
West v. Williams
717 So. 2d 1224 (Louisiana Court of Appeal, 1998)
Pinnick v. LA. STATE UNIV. MEDICAL CTR.
707 So. 2d 1050 (Louisiana Court of Appeal, 1998)
Elkins v. Key
702 So. 2d 57 (Louisiana Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
684 So. 2d 1093, 1996 WL 709197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yuska-v-hca-health-services-of-louisiana-lactapp-1996.