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Kent v. Baptist Memorial Hospital - North Mississippi9/2/2003
DATE OF TRIAL COURT JUDGMENT: 4/11/2002
NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE
TRIAL COURT DISPOSITION: BAPTIST MEMORIAL HOSPITAL'S MOTION FOR DIRECTED VERDICT GRANTED. JURY VERDICT IN FAVOR OF DR. MANSEL.
DISPOSITION: AFFIRMED: 09/02/2003
. Edna Kent filed a medical malpractice claim on behalf of her daughter, Candice Cain, against Baptist Memorial Hospital - North Mississippi, Inc. ("Baptist") and Dr. Keith Mansel. The trial court granted Baptist's motion for directed verdict at the close of the plaintiff's case. The jury returned a verdict in favor of Dr. Mansel. Ms. Kent now appeals asserting several assignments of error. Finding no error, we affirm.
FACTS
. On September 27, 1993, Candice Cain was sixteen years old. She was at home with her parents when she suffered a severe diabetic seizure and went into septic shock. She was transported by ambulance from her home to the emergency room at Baptist. Upon arrival at Baptist, Candice was in a non-responsive, life threatening state. She was admitted to Baptist's intensive care unit by Dr. Robert Cooper, a partner of Dr. Gerald Hopkins who was Candice's primary care physician. A number of tests were run on Candice, and two other specialists provided medical care to her that night. Dr. Windham performed a lumbar puncture. Dr. Keith Mansel, a board certified critical care pulmonologist, made a respiratory assessment of Candice. Her condition was monitored throughout the night.
. The next morning, Dr. Hopkins took over Candice's care from Dr. Cooper. Dr. Hopkins had been Candice's primary care physician since she was two years old. Dr. Hopkins treated Candice for her diabetes. Dr. Hopkins ordered a number of tests including a chest x-ray, pulse MRI of the brain, and an electroencephalogram (EEG) which revealed that Candice was in a state of encephalopathy with no intelligent response to family or any stimuli of any kind. Candice's illness was a mystery.
. As the day progressed, Candice began having significant trouble. At approximately 10:00 p.m., Candice's blood pressure dropped substantially. Melissa Smith, the nurse on duty, reported this to Dr. Cooper. Dr. Cooper instructed her to call Dr. Mansel. Dr. Mansel immediately began further treatment of Candice. At approximately 10:30 p.m., Candice began to slip into respiratory distress. At approximately 11:30 p.m., Candice's condition was critical. Dr. Mansel instructed the staff to prepare to intubate Candice, for respiratory support. Dr. Mansel then intubated Candice with a size 8.0 endotracheal tube, with the use of a bronchoscope, and connected her to a mechanical ventilator. Dr. Mansel's notes reflect that the endotracheal tube was placed "without difficulty," which he testified meant that the tube was placed easily without any force applied using only one attempt to place the tube.
. Thereafter, Dr. Mansel was concerned that Candice required a higher level of care than he and the other physicians at Baptist could provide. Dr. Mansel then made arrangements for Candice to be transported via helicopter to the pediatric unit at Vanderbilt University Hospital in Nashville, Tennessee.
. When Candice arrived at Vanderbilt, the admitting physician noticed swelling, distortion of organs and dried blood in Candice's airway. He chose not to remove the endotracheal tube. Once her condition stabilized, several days later, the physicians at Vanderbilt removed the endotracheal tube to determine if Candice could breath on her own. Unable to breath without aid, the Vanderbilt doctors intubated her again with a 6.5 millimeter tube. Five days later that tube was removed, and she was
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