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Watson v. Chapman12/18/2000
This is a medical malpractice action involving:
(1) cross-examination of an expert witness, (2) directed verdict, and (3) admissibility of evidence pertaining to a physician's addiction to alcohol.
Heard November 8, 2000
AFFIRMED
David W. Goldman, Diane M. Rodriguez and Kristi F. Curtis, all of Bryan, Bahnmuller, Goldman & McElveen, of Sumter, for respondents. CURETON, J.: In this medical malpractice action, Susan and Don Watson sued Dr. David Chapman for the premature delivery of their son MacKennon and the resulting permanent injury to his lungs. A jury found Dr. Chapman negligent and awarded actual damages in the amount of $106,000 to MacKennon and $100,000 to his parents. Dr. Chapman appeals. We affirm.
FACTS/PROCEDURAL HISTORY
Mrs. Watson sought obstetrical care for her third pregnancy from Baroody, Chapman & Chapman, OB-GYN, in late 1991. Initially, she was examined by Dr. David Chapman, a partner in the practice, on or about December 30, 1991. Dr. Chapman informed Mrs. Watson that her delivery date would be August 11, 1992. Thereafter, Mrs. Watson saw another physician of the practice for her regularly scheduled office visits. During the pregnancy, Mrs. Watson developed gestational diabetes and was referred to another physician who treated the condition with a restricted diet.
Mrs. Watson next encountered Dr. Chapman in the thirty-fourth or thirty-fifth week of her pregnancy during an office visit. At that time, Dr. Chapman scheduled Mrs. Watson for an amniocentesis to be performed on July 15, 1992, with a possible cesarean section to follow on July 16th.
During the July 15th appointment, Dr. Chapman took an ultrasound, but was unable to perform the amniocentesis due to the position of the placenta. Nevertheless, he informed Mrs. Watson that her baby was "big enough" for delivery and that he would perform a cesarean section the next day even though she was not in labor and there were no signs of fetal distress.
Dr. Chapman delivered MacKennon by cesarean section on July 16, 1992. He weighed eight pounds, four ounces at birth. Despite MacKennon's size, his lungs were not fully developed because his mother's gestational diabetes had retarded their normal development. Dr. Chapman had not determined the state of MacKennon's lungs prior to delivery even though a diagnostic test was available to assess fetal lung maturity.
MacKennon developed Respiratory Distress Syndrome (RDS) within twenty-four hours of birth, for which he was intubated with oxygen and transferred to the Neonatal Intensive Care Unit (NICU) at McLeod Regional Medical Center. MacKennon was discharged from McLeod on August 3, 1992. Although his discharge summary indicated his prognosis was good, MacKennon continued to have breathing difficulties which required further hospital visits and treatment.
On July 13, 1995, the Watsons filed the instant action against Dr. Chapman alleging he was negligent in delivering MacKennon four weeks premature without medical justification and in violation of accepted medical standards. They also asserted that Dr. Chapman "was addicted to the use of drugs and narcotics to the extent that he was not mentally, emotionally or physically able to have provided competent medical care and attention to" Mrs. Watson and MacKennon.
Prior to trial, the circuit court rejected the Watsons' motion to compel discovery of Dr. Chapman's alcohol treatment records because such disclosure would violate federal and state confidentiality statues. However, the trial court also rejected Dr. Chapman's motion in limine to exclude all reference to his alcohol addiction.<
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