Philpot v. Stacy
| Decision Date | 27 September 1963 |
| Citation | 371 S.W.2d 11 |
| Parties | George PHILPOT, Appellant, v. Charles B. STACY, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
John J. Tribell, Pineville, for appellant.
Patterson & Berger, Robert B. Berger, Pineville, for appellee.
ROBERT O. LUKOWSKY, Special Commissioner.
This is an action to recover for alleged malpractice on the part of a physician. The action was commenced on February 19, 1960 in the Bell Circuit Court. The gist of the action is that the Appellant, George Philpot, received improper treatment for an injury in an automobile accident on April 5, 1958, from the Appellee, Dr. Charles B. Stacy. After the issues were joined, the Appellee took the Appellant's deposition and then moved for summary judgment on the ground that the action was barred by the statute of limitations. The Bell Circuit Court sustained this motion and entered summary judgment in favor of the Appellee, dismissing the Appellant's complaint. It is from this that he appeals.
On April 5, 1958, the Appellant was injured in an automobile accident and he was taken to the emergency room of the Pineville Community Hospital in Bell County. He had a puncture wound in the lower left abdomen and the Appellee undertook treatment. Appellant states that he advised Appellee that the would had bled only slightly and that some of the cloth from his clothing was gone and might be imbedded in the wound. Appellee then sutured the wound and apparently removed no cloth therefrom and permitted Appellant to return to his home.
Approximately a month after the injury, Appellant began to experience severe pain in his side and he returned to the Pineville Community Hospital for treatment by a Dr. Golden. He remained in the hospital about two weeks as Dr. Golden's patient. At this time the wound showed some side infection which Dr. Golden treated with penicillin injections. After this the wound apparently healed. About a week after his discharge he returned to the hospital again, complaining of severe pain in the small of his back on the left side, and was given a thorough examination by Dr. Golden and Dr. Asher. During this second visit Dr. Stacy was called into consultation, and he suggested the possibility of a disc injury.
At this time the wound had turned black. Once again Appellant exhibited concern about cloth having been left in the wound at the time it was originally sutured and suggested that it was this foreign matter which caused the wound to turn black. During this stay in the hospital Appellant was later examined by Dr. Patterson, an orthopedist, who disagreed with the diagnosis of disc injury. Dr. Patterson knew that there was something wrong with Appellant, but felt that it was outside his specialty.
Shortly thereafter Appellant was examined by Dr. Page at Middlesboro, who told him that something was wrong, but he couldn't find it. Appellant returned home where he was seen by Dr. Evans, who told his family he was sick and suggested that he be sent to the Veterans Hospital in Louisville. The wound was still black at this time. Appellant went to the Veterans Hospital in Louisville, was examined, and told the doctor there that the wound had turned black about two weeks after the accident. This visit took place in July or August of 1958.
In November of 1958 a large mass formed on the Appellant's side. Dr. Golden referred him to Dr. Hall in Knoxville. Dr. Hall told him, after examination, Appellant explained to Dr. Hall about the cloth missing from his clothes and Dr. Hall told him that was probably what was causing the infection. Dr. Hall lanced the wound at the Baptist Hospital and after the operation informed the Appellant only that he found three big abscesses.
After this operation Appellant's condition improved until November 2, 1959, when he discovered a large sore mass on his stomach. Dr. Asher and Dr. Golden examined him and again referred him to Dr. Patterson. Dr. Patterson again felt that the difficulty was outside of his speciality, and referred him to Dr. Prince. Dr. Prince felt that a stick or some substance in the wound was causing the trouble and recommended an operation.
Appellant then contacted Dr. Bennett and Dr. Kleinert, who performed an operation on Appellant on January 4, 1960, in Louisville. They removed several pieces of cloth from the wound.
There is no question that Appellee neither examined nor treated Appellant after the summer of 1958. The record does not indicate, at any point, that Appellee attempted to discourage or limit the Appellant in obtaining medical attention and treatment elsewhere.
The only question to be considered by this Court is: Was the Appellant's action, filed more than one year after...
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