CHCA Clear Lake, L.P. v. Stewart
| Decision Date | 05 August 2021 |
| Docket Number | 01-19-00874-CV |
| Parties | CHCA CLEAR LAKE, L.P. D/B/A CLEAR LAKE REGIONAL MEDICAL CENTER, WILLIAM UZELMEIER, M.D., MICHAEL NORMAN, M.D., DARRELL L. MOULTON, JR., M.D., SAFI MADAIN, M.D., AND CHERYL BREAUX, FNP, Appellants v. JON K. STEWART, Appellee |
| Court | Texas Court of Appeals |
On Appeal from the 152nd District Court Harris County, Texas Trial Court Case No. 2018-76280
Panel consists of Justices Countiss, Rivas-Molloy, and Guerra.
In this interlocutory appeal, [1] appellants, CHCA Clear Lake, L.P., doing business as Clear Lake Regional Medical Center ("Clear Lake Regional"), William Uzelmeier, M.D., Michael Norman, M.D., Darrell L. Moulton, Jr., M.D., Safi Madain M.D., and Cheryl Breaux, FNP (collectively "appellants"), challenge the trial court's orders overruling their objections and denying their motions to dismiss the health care liability claims[2] brought against them by appellee, Jon K. Stewart, in his suit for negligence. In multiple issues, appellants contend that the trial court erred in overruling their objections and denying their motions to dismiss Stewart's claims against them.[3]
We reverse and remand.
In his first amended petition, Stewart alleges that on October 22 2016, he was involved in a "bicycle incident." He was admitted to Clear Lake Regional as a trauma patient. Drs Uzelmeier, Norman, Moulton, and Madain and nurse practitioner Breaux provided Stewart with medical care. While at Clear Lake Regional, it was "noted" that Stewart had "a compromised spine with extensive cervical disc disease[4] that made him susceptible to be[ing] easily injured." Yet none of the physicians nor nurse practitioner Breaux "took [any] affirmative action to inform . . . Stewart [that] he should take precautions to guard his neck or [that he should] seek additional medical treatment" related to his cervical disc disease. After Stewart was discharged from Clear Lake Regional, he had surgery to repair his injuries from the bicycle incident. Another physician from another hospital performed that surgery. Stewart alleges that sometime later, after his surgery, he was rendered a quadriplegic.
Stewart brings health care liability claims against appellants alleging that they failed to exercise the requisite degree of skill and care ordinarily exercised by any careful, prudent physician, resident, intern, representative, employee, or agent in the same or similar circumstances. According to Stewart, appellants were negligent in failing to inform him of "a dangerous medical condition" and failing to adequately document that condition. Appellants' negligence "proximately caused [Stewart's] resulting injuries and damages." Stewart also alleges that Clear Lake Regional is vicariously liable for the negligent acts and omissions of its "agents, servants, and/or employees."
Stewart requests damages for the reasonable costs of necessary medical treatment in the past, the reasonable costs for any necessary medical treatment in the future, the physical pain and mental anguish Stewart suffered in the past and will suffer in the future, the physical impairment and disfigurement Stewart suffered in the past and will suffer in the future, and the loss of earning capacity Stewart suffered in the past and will suffer in the future. Stewart also seeks punitive damages.
To support his claims, Stewart timely served appellants with two medical expert reports. The first expert report was authored by Thomas M. DeBerardino, M.D.[5] The second report was authored by Julie Lindenberg, DNP.[6] Appellants objected to the expert reports on multiple grounds and moved to dismiss Stewart's claims against them. In response to appellants' objections and motions to dismiss, Stewart sought an extension under Texas Civil Practice and Remedies Code section 74.351(c) to cure any deficiencies in his expert reports.[7] After a hearing, the trial court granted Stewart's motion for extension, allowing him thirty days "to cure any deficiencies in his expert reports."
Stewart then served on appellants an amended expert report authored by Dr. DeBerardino.[8] In his amended expert report, Dr. DeBerardino states that he is a licensed physician and is board certified in orthopedic surgery. He also holds a certificate of additional qualification in sports medicine. He primarily practices in the areas of orthopedic surgery and sports medicine. He is a practicing orthopedic surgeon. Additionally, Dr. DeBerardino notes that he is the clinical professor of orthopedic surgery at Baylor College of Medicine at the San Antonio Orthopedic Group, the co-director of the Baylor College of Medicine - San Antonio Combined Texas Sports Medicine Fellowship, the Gold Cup International Soccer sports medicine consultant, the medical director for the Burkhart Research Institute of Orthopedics of the San Antonio Orthopedic Group, a practicing orthopedic surgeon at the San Antonio Orthopedic Group, and a member of the Physician Leadership Counsel for the Baptist North Central Hospital in San Antonio, Texas.
His medical experience includes a military medical background and assignments including an orthopedic residency at the Tripler Army Medical Center, a joint and soft tissue trauma fellowship at the U.S. Army Institute of Surgical Research, a joint and soft tissue trauma fellowship at the West Point MEDDAC, a member of the orthopedic staff on the orthopedic surgery service at the Brooke Army Medical Center, the chief of the sports medicine section of the orthopedic surgery service at the Brooke Army Medical Center, the chief of the orthopedic surgery service at the 801st Combat Support Hospital in support of Operation Iraqi Freedom, and the chief of the orthopedic surgery service at Keller Army Hospital.
Dr. DeBerardino also explains that as a military physician he was trained in and practiced in trauma and emergency care. And he has directed hospital staff regularly. Dr. DeBerardino states that he often treats patients, like Stewart, who have extensive mid to low cervical degenerative disc disease. He is familiar with the standard of care for sports and traumatic cervical spine injuries.
In his report, Dr. DeBerardino states that on October 22, 2016, Stewart was involved in a "bicycle incident" and was admitted to Clear Lake Regional as a trauma patient. Drs. Uzelmeier, Norman, Moulton, and Madain and nurse practitioner Breaux provided Stewart with medical care. While at Clear Lake Regional, it was "noted" that Stewart had "a compromised spine with extensive cervical disc disease that made him susceptible to be[ing] easily injured." Yet none of the physicians nor nurse practitioner Breaux "took [any] affirmative action to inform . . . Stewart [that] he should take precautions to guard his neck or [that he should] seek additional medical treatment." After being discharged from Clear Lake Regional, another physician from another hospital performed surgery to repair Stewart's bicycle-incident injuries. Later, Stewart broke his neck and injured his spinal cord in the same location of an "undisclosed stenosis."[9] He is now a quadriplegic.
As to the standard of care and breach of the standard of care for Dr. Uzelmeier, a radiologist, Dr. DeBerardino states that on October 22, 2016, Dr. Uzelmeier made a radiology report to Dr. Madain about Stewart that said: "Posterior osteophytes at C5-6 and C6-7 result in mild acquire[d] spinal stenosis" and "[m]id to lower cervical degenerative disc disease with reversal of cervical curvature." (Internal quotations omitted.) According to Dr. DeBerardino, when a radiologist's findings show that a patient has extensive mid to lower cervical degenerative disc disease, the radiologist must inform the patient of the condition and its risks, so that the patient can take the necessary steps to avoid any known risks and complications such as spinal fractures.[10] Dr. Uzelmeier breached the standard of care by: (1) failing to inform Stewart that he had extensive mid and lower cervical degenerative disc disease and (2) failing to be a patient advocate and inform Stewart of the serious consequences of that condition.
As to causation for Dr. Uzelmeier, Dr. DeBerardino states that Dr Uzelmeier had a discussion with Dr. Madain and Dr. Norman about the care that Stewart was receiving. But Dr. Uzelmeier did not inform Stewart of the extensive mid to lower cervical degenerative disc disease and the possibility of serious injury or death as a consequence of the condition. Because Dr. Uzelmeier violated the standard of care for a radiologist, Stewart suffered a spinal cord injury in the same location as an "undisclosed stenosis." If Dr. Uzelmeier had followed the standard of care, within a reasonable medical probability, Stewart's neurologic condition would have remained stable and would not have progressed. He would have had the option of receiving neurosurgical consultation and care, which could have included further neurological testing, like electromyography ("EMG"), detailed cervical spine care and activity limitations, physical therapy/rehabilitation, and/or surgical intervention. Stewart would have had surgery to correct his condition, or he would have been prohibited from engaging in the activities that led to his broken neck. Instead, profound neurologic compromise occurred. Because Stewart was not informed of his fragile condition and the need to take immediate protective measures until his condition could be corrected, he continued to engage in his normal athletic activities, risking and injuring his spinal cord, which led to a neurological injury. Had Stewart been properly advised of his condition, based on his medical records showing patient compliance with physician instruction,...
To continue reading
Request your trial