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Coleman v. Stevens12/15/2000
Third District, Salt Lake The Honorable William B. Bohling
James Coleman appeals from an adverse jury verdict in his action for medical malpractice. We reverse in part and remand in part as to taxable costs, but otherwise affirm.
BACKGROUND
In March of 1991, James Coleman was diagnosed with laryngeal cancer by Dr. Kim Davis. Based upon Mr. Coleman's condition, Dr. Davis determined that two options were feasible, a total laryngectomy or, alternatively, radiation therapy. Dr. Davis concluded that a partial laryngectomy was not a reasonable treatment option. Mr. Coleman underwent radiation therapy. In February of 1992, Mr. Coleman was having difficulty breathing so he again visited Dr. Davis. Dr. Davis suggested that a tracheotomy be performed to secure Mr. Coleman's breathing passage, followed by a biopsy, and a total laryngectomy if the biopsy was positive for cancer. Dr. Davis was unable to perform the biopsy or the laryngectomy, however, because Mr. Coleman left the University of Utah ("University") hospital against medical advice.
Immediately after leaving University hospital, Mr. Coleman went to the Veterans' Administration ("VA") hospital. At the VA hospital, he was admitted and treated for an emergency airway crisis by Dr. Braby. Dr. Braby, after examining Mr. Coleman and consulting with Dr. Davis, also recommended a biopsy followed by a total laryngectomy if the biopsy was positive. Dr. Braby did not consider a partial laryngectomy to be a reasonable option either. Mr. Coleman refused to consent to a biopsy or total laryngectomy. Consequently, because Dr. Braby was unable to convince Mr. Coleman to consent to the biopsy and total laryngectomy, only a tracheotomy was performed.
Several weeks later, on March 5, 1992, Mr. Coleman went to defendant, Dr. Michael Stevens. Dr. Stevens arranged for a biopsy, and when the biopsy indicated cancer, Dr. Stevens told Mr. Coleman that a total laryngectomy was the only safe available option. Dr. Stevens did not discuss a partial laryngectomy because he felt the procedure would be detrimental or damaging to Mr. Coleman and consequently did not believe it was a reasonable alternative. Mr. Coleman consented to the total laryngectomy.
Dr. Stevens performed a total laryngectomy on March 18, 1992. After the operation, Mr. Coleman developed a fistula in the suture line where his throat was closed. Dr. Stevens suggested that Mr. Coleman have the fistula closed through a procedure using the sternocleidomastoid muscle (SCM), and if this procedure was unsuccessful, perform another procedure using the pectoralis major flap (PMC). The SCM procedure did not work, so the PMC procedure was performed.
Mr. Coleman sued Dr. Stevens, claiming that he should have been advised of the alternative treatment of a partial laryngectomy and the risks associated with it as opposed to the total laryngectomy. He also asserted that Dr. Stevens negligently performed the SCM procedure. The case went to trial, and a jury returned a verdict in favor of Dr. Stevens. The district court also awarded costs to Dr. Stevens. Mr. Coleman appeals.
ANALYSIS
Mr. Coleman listed ten issues at the outset of his brief. However, he briefed only four. "It is well established that a reviewing court will not address arguments that are not adequately briefed." State v. Thomas, 961 P.2d 299, 304 (Utah 1998); accord State v. Herrera, 895 P.2d 359, 368 n.5 (Utah 1995) (disregarding issues not properly briefed); Utah R. App. P. 24(j). Failure to provide any analysis or legal authority constitutes inadequate briefing. See Utah R. App. P. 24(a)(9) (stating that briefs must contain reasoned analysis b
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