 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Breckenridge v. Valley General Hospital9/4/2003
Oral Argument Date: 06/12/2003
EN BANC
Lynda Breckenridge was examined by Dr. Thomas Nowak in the emergency room for a severe headache. She later suffered a massive aneurysm in the occipital area of her brain. She then sued Dr. Nowak, maintaining that Nowak should have ordered a CT (computer tomography) scan to rule out the possibility of a sentinel bleed, which often precedes a more devastating rupture.
At trial, the jury unanimously concluded that Nowak had not committed medical malpractice in his treatment of Breckenridge. Breckenridge then moved for a new trial alleging juror misconduct. She claims that one of the jurors committed misconduct when he related his experiences with his wife's migraines during jury deliberations, comparing her symptoms to those of Breckenridge. Breckenridge asserts that the juror's comments constituted extrinsic evidence regarding the standard of care that the jury may have relied on in reaching its verdict. The trial court granted a new trial, but Division One of the Court of Appeals reversed, finding that the juror's statements pertained to his life experiences and therefore did not constitute misconduct. Because we find that the juror's statements inhere in the verdict, we affirm.
I.
Lynda Breckenridge had a history of migraine headaches. On November 19, 1996, she experienced a severe headache that began with a sudden neck pain and worsened after she had a cigarette. Despite her headache, Breckenridge went to work in the morning and then went shopping with a friend. Because her headache persisted, she visited the emergency room at Valley General Hospital that afternoon.
When Dr. Nowak, a board certified emergency medicine physician, saw Breckenridge upon her admission, Breckenridge's chief complaint was a 'bad migraine.' Report of Proceedings (RP) at 750. Her vital signs were normal. She reported some nausea and blurred vision, and that the onset of her migraines was not typically this sudden. In response to his questions about her past headaches, Breckenridge informed him that she had had several migraines of the same intensity in the past.
Nowak conducted a physical examination of Breckenridge. Upon manipulating her neck, he discovered her neck hurt equally with flexation and rotation. She was able to squeeze his fingers strongly and easily, and had a normal gait. After the examination, Dr. Nowak concluded that Breckenridge was an 'alert female who appears uncomfortable but who otherwise has normal affect and sensorium.' RP at 758. He concluded that she was suffering from a migraine headache. Although he originally considered the possibility of bleeding in the brain, he ruled it out because Breckenridge's pain began in her neck rather than her head. He did not order a CT scan, but did treat her pain and nausea, and told her to return with any new or increasing symptoms.
After more than two hours in the emergency room, she was discharged feeling better than when she had arrived. Her headache pain dissipated overnight. In a subsequent appointment with her primary care physician, Breckenridge did not complain of a headache. On December 5, 1996, Breckenridge ruptured an aneurysm in the left temporal occipital area of her brain.
In October 1999, Breckenridge and her children filed suit against Nowak in Snohomish County Superior Court, alleging that he negligently diagnosed a migraine headache rather than ordering a CT scan to rule out the possibility of a sentinel bleed. The case was tried to a jury. Upon questioning during voir dire, two of the jurors replied that they had personal experience with migraine headaches. Juror De Rosia disclosed that she had a pers
Page 1 2 3 4 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|