Richardson v. Lagniappe Hosp. Corp.
| Decision Date | 15 May 2000 |
| Docket Number | No. 33,378-CA.,33,378-CA. |
| Citation | 764 So.2d 1094 |
| Parties | Brenda RICHARDSON on behalf of Coydell BROWN, Plaintiff-Appellant, v. LAGNIAPPE HOSPITAL CORPORATION and Dr. James P. Floyd, Defendants-Appellees. |
| Court | Court of Appeal of Louisiana — District of US |
McKeithen and Johnson by Anita McKeithen and Ginger West Johnson, Shreveport, Counsel for Appellant.
Ward Nelson by Craig R. Nelson, New Orleans, Counsel for Appellee-Lagniappe Hospital Corporation.
Pugh, Pugh, & Pugh by Robert G. Pugh, Jr., Shreveport, Counsel for Appellee-Dr. James P. Floyd.
Before BROWN and GASKINS, JJ., and SAMS Judge Pro Tern.
The plaintiff, Coydell Brown, appeals a trial court decision granting summary judgment in a medical malpractice case in favor of the defendants, Dr. James P. Floyd and Lagniappe Hospital Corporation.1 We affirm the trial court judgment.
Coydell Brown, a 46-year-old man with cerebral palsy, was admitted to Lagniappe Hospital Corporation (Lagniappe) in March 1996. Mr. Brown had undergone surgery to repair a broken hip and was placed in Lagniappe for physical therapy. The record shows that the hip fracture was slow to heal. Mr. Brown's orthopedic surgeon, Dr. Albert Dean, ordered that the patient not place weight on the hip for an extended period of time. Dr. Floyd was enlisted to monitor Mr. Brown's general medical condition. According to nurses at the hospital, the patient was placed in a wheelchair for some portions of the day, but this was contributing to the formation of decubitus ulcers, more commonly known as bed sores. Several other physicians, including a plastic surgeon, were consulted regarding the sores. Mr. Brown was placed on a special mattress and was kept in bed a large portion of the time. Brenda Richardson, the plaintiffs sister, complained that her brother was being kept in bed too much and generally complained of the development of the sores as well as the lack of progress in rehabilitation following the hip surgery. The hospital personnel also had difficulty getting Mr. Brown to eat the food provided.
On October 18, 1996, Mr. Brown fell out of bed. It appeared that he was trying to reach his call button during breakfast. The side rails of the bed were not up, in order to facilitate the placement of the food tray. Dr. Floyd was immediately contacted, but since Mr. Brown had not sustained life threatening injuries in the fall, Dr. Floyd ordered x-rays and stated that he would come to the hospital several hours later. Mr. Brown sustained a cut over his right eyebrow that required stitches, as well as a cut on his chin which was bandaged. Head x-rays failed to reveal any fractures.
After the fall, Ms. Richardson transferred her brother to another facility and on May 20, 1997, convened a medical review panel, claiming that Dr. Floyd and Lagniappe had committed medical malpractice regarding her brother's care. On October 8, 1998, the panel issued its opinion, finding that the evidence did not support the conclusion that Dr. Floyd failed to meet the applicable standard of care, as charged in the complaint. The panel found that Dr. Floyd addressed the problems with Mr. Brown's nutrition, preventive wound care, and wound healing in a timely and ongoing manner. After the fall, the doctor gave orders to the nurses and saw Mr. Brown later that day, treating him appropriately. The panel found that Lagniappe's care involving wound prevention and healing was appropriate. However, the panel found there was a material issue of fact as to where the call bell was immediately prior to the fall. The panel found that this was a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court.
On January 6, 1999, Ms. Richardson, in proper person, filed the present lawsuit on behalf of her brother, naming as defendants Dr. Floyd and Lagniappe, arguing that Dr. Floyd failed to examine and treat Mr. Brown and that he developed decubitus ulcers because of neglect. Ms. Richardson alleged that the patient fell out of bed because the rails were down and the call button was out of reach. According to Ms. Richardson, Mr. Brown suffered a head injury and possibly a stroke as a result of the fall, as well as re-injuring his hip.
On May 6, 1999, a motion for summary judgment was filed on behalf of Dr. Floyd, contending that the plaintiff must have the testimony of experts to establish that the actions of a physician fell below the standard of care. The absence of expert testimony that a physician breached the proper standard of care precludes the imposition of liability. In this case, Dr. Floyd contended that interrogatories were propounded to the plaintiff concerning possible expert testimony, which were not answered. Dr. Floyd urged that without this, the plaintiff failed to show that he could meet the burden of proof required in a medical malpractice action.
On June 3, 1999, Lagniappe filed a motion for summary judgment, arguing that there was no evidence that the hospital breached the standard of care owed to Mr. Brown. The hospital attached the statements of two nurses from Lagniappe and interrogatories propounded to the plaintiff, to establish that there was no genuine issue of fact precluding summary judgment in favor of the hospital.
Judgment was signed on August 27, 1999 and filed on September 1, 1999, granting summary judgment in favor of both Dr. Floyd and Lagniappe. The plaintiff appealed the trial court judgment, arguing that the trial court erred in granting summary judgment in favor of Dr. Floyd, where the plaintiff showed that the burden of proof could be sustained, proving that the doctor's conduct fell below the applicable standard of care and/or that the doctor was negligent. He also argued that the trial court erred in granting summary judgment in favor of Lagniappe Hospital when the plaintiff was not served with Lagniappe's motion.
Brenda Richardson, on behalf of the plaintiff, asserts that she indicated that she would call expert witnesses to testify in this case to sustain the plaintiff's burden of proof. The plaintiff's argument that the trial court erred in granting summary judgment in favor of Dr. Floyd is without merit.
Summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B). A fact is material if its existence or nonexistence may be essential to the plaintiff's cause of action under the applicable theory of recovery. Tucker v. American States Insurance, 31,970 (La. App.2d Cir.9/22/99), 747 So.2d 620.
If the movant for summary judgment will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action or defense; thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. La. C.C.P. art. 966(C)(2).
The opponent cannot rest on the mere allegations or denials of his pleadings, but must present evidence which will establish that material facts are still at issue. La. C.C.P. art. 967. Although the burden of proof remains the same under the recent amendment to La. C.C.P. art. 966, the summary judgment procedure is now favored to secure the just, speedy, and inexpensive determination of all except certain disallowed actions. Acts 1996, 1st Ex.Sess., No. 9. An appellate court reviews summary judgments de novo under the same criteria that govern the district court's consideration of the appropriateness of summary judgment. Smith v. Our Lady of the Lake Hospital, Inc., 93-2512 (La.07/05/94), 639 So.2d 730; Webb v. SEP Inc., 31,946 (La.App.2d Cir.5/5/99), 752 So.2d 881.
Regarding the plaintiff's burden of proof in a medical malpractice action, La. R.S. 9:2794(A) provides:
A. In a malpractice action based on the negligence of a physician licensed under R.S. 37:1261 et seq., a dentist licensed under R.S. 37:751 et seq., an optometrist licensed under R.S. 37:1041 et seq., or a chiropractic physician licensed under R.S. 37:2801 et seq., the plaintiff shall have the burden of proving:
(1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians, dentists, optometrists, or chiropractic physicians licensed to practice in the state of Louisiana and actively practicing in a similar community or locale and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians, dentists, optometrists, or chiropractic physicians within the involved medical specialty.
(2) That the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence, along with his best judgment in the application of that skill.
(3) That as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.
In a medical malpractice action, opinions of expert witnesses who are members of the medical profession and who are qualified to testify on the subject are necessary to determine whether or not physicians possessed the requisite degree of knowledge or skill, or failed to...
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