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Greer v. Lammico12/22/2000
NORRIS, C.J., concurs in part and dissents in part.
The plaintiffs, Larry W. Greer, Frances Boudreaux, David Greer and Rachel Freeman, are the family of the decedent, Gretchen Greer. They appeal a civil jury verdict finding that they are not entitled to damages in excess of the $100,000.00 malpractice settlement paid by a physician following the death of Mrs. Greer as a result of breast cancer. The defendant, Louisiana Patient Compensation Fund (PCF), answered the appeal, objecting to the jury award. For the following reasons we affirm the trial court judgment.
FACTS
This matter is before this court for review for the third time. The facts are stated in the previous opinions as follows:
Mrs. Greer noticed a mass in her left breast and consulted Dr. [Robert] Barrett for treatment. After an examination and biopsy, the tumor was diagnosed as malignant. On July 23, 1990, Dr. Barrett performed a modified mastectomy of the left breast and determined that all the cancerous tissue had been removed. Extensive tests indicated that the cancer had not spread. Dr. Barrett then informed Mrs. Greer that the cancer was localized and that she had a 75% chance of the cancer not recurring. Mrs. Greer continued to see Dr. Barrett post-operatively. Other than examining Mrs. Greer's right breast for a palpable mass, Dr. Barrett never performed a mammogram on Mrs. Greer's right breast despite Mrs. Greer's repeated requests for a mammogram.
On December 26, 1990, Mrs. Greer, during a consultation with Dr. Christopher McDonald, on referral from Dr. Barrett, mentioned that a mammogram of her right breast had not been performed. The mammogram that was immediately scheduled and performed on December 26, 1990, revealed a tumor in Mrs. Greer's right breast. When the biopsy indicated that the tumor was malignant, Mrs. Greer underwent a right modified mastectomy on January 2, 1991. At that time, Mrs. Greer was informed by Dr. Barrett that her chance of survival was less than 50% and that she would need both chemotherapy and radiation treatment.
When the tumor in her left breast was discovered, extensive testing was performed to determine whether the cancer had metastasized. All tests were negative and showed that the cancer had not spread to her lymphatic system. However, following the second surgery, tests revealed that cancer had spread to Mrs. Greer's lymph nodes which reduced her chance of surviving the cancer.
Subsequent to the mastectomy of her left breast, Mrs. Greer had approximately six treatments of chemotherapy administered by Dr. McDonald. After discovery of cancer in her right breast, Mrs. Greer was treated more aggressively with chemotherapy, radiation therapy, and hormone therapy, which made her very ill and caused great suffering. Within a short period of time, doctors acknowledged that the cancer was incurable. Mrs. Greer died on January 22, 1995. Greer v. LAMMICO, 29,066 (La. App. 2d Cir. 1/31/97), 688 So. 2d 692, writ granted, judgment vacated, 97-0731 (La. 11/7/97), 703 So. 2d 30 (Greer I); Greer v. LAMMICO, 29,066 (La. App. 2d Cir. 4/13/98), 712 So. 2d 598 (Greer II).
PROCEDURAL HISTORY
The plaintiffs contend that after Mrs. Greer asked Dr. Barrett whether a mammogram should be done on the right breast, Dr. Barrett failed to order it. The test was finally performed by order of Dr. McDonald about 5½ months after the cancer in the left breast was found. After discovery of the cancer in the right breast, and the determination that the cancer had spread to Mrs. Greer's bones and was incurable, she took legal action against Dr. Barrett. The procedural history is also outlined in the prior opinions:
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