 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Tarbutton v. St. Paul Fire & Marine Insurance Co.12/5/2001
In this medical malpractice action, plaintiff, Willie Edna Tarbutton, has appealed from a judgment in favor of defendants, St. Paul Fire and Marine Insurance Co. and Dr. J.B. Duke McHugh, dismissing her claim for damages. Plaintiff asserts that Dr. McHugh violated the applicable standard of care by performing a second colonoscopy within three years of the first procedure. The facts are not in dispute and each party rests its case on expert opinion. Finding no manifest error, we affirm.
Facts and Procedural Background
In 1994, Miss Tarbutton's primary care physician, Dr. Clyde Elliott, admitted her to the hospital upon presentation of complaints of lower and upper abdominal pain and constipation. Miss Tarbutton denied rectal bleeding or significant history of constipation and noted that she had no family history of colon cancer.
Dr. J.B. Duke McHugh, a board certified gastroenterologist, consulted on Miss Tarbutton's case. Dr. McHugh scheduled and performed a colonoscopy on Miss Tarbutton to determine the etiology of her abdominal pain and constipation. Dr. McHugh noted that Miss Tarbutton tolerated the colonoscopy without incident; he also observed that the procedure was negative for cancer and that no polyps were noted.
Dr. McHugh felt that Miss Tarbutton's complaints were due to diverticular disease. He prescribed Milk of Magnesia tablets to help with her constipation problem and recommended that she return in three years for a repeat colonoscopy as a cancer screen. Dr. McHugh opined that if no polyps were identified at that time, no further colon cancer screening would be required.
Miss Tarbutton was 72 years old when the first colonoscopy was performed in September 1994. Three years later, she returned to Dr. McHugh for a cancer screening colonoscopy. In taking the preparatory liquid the night before the procedure, Miss Tarbutton experienced abdominal pain, rectal bleeding, bloody stool and dehydration. She was admitted to the hospital through the emergency room on September 7, 1997. Dr. McHugh performed the colonoscopy as scheduled on September 8th and during the procedure, the lining of Miss Tarbutton's colon was perforated.
Dr. William Ferguson performed repair surgery on Miss Tarbutton on September 9, 1997. Miss Tarbutton remained in the hospital until September 19th when she was discharged. Weak and unable to care for herself without assistance, Miss Tarbutton stayed in a local nursing home for a month before going home.
Miss Tarbutton is a retired classroom teacher and girls basketball coach whose teams won seven straight state championships. She enjoyed working in her flower beds and vegetable garden. Since the surgery, she is not able to use a ground tiller or work in her gardens as she did before. She has also had to hire a person to come to her home and help her. For several months Miss Tarbutton had assistance twice a week; now, her helper only comes once a week.
Miss Tarbutton instituted a malpractice claim and a medical review panel was convened. It was Miss Tarbutton's contention that Dr. McHugh failed to comply with the applicable standard of care by performing the second colonoscopy in September 1997, only three years after a negative exam. The panel reached a unanimous decision that Dr. McHugh's treatment of Miss Tarbutton did not fall below the applicable standard of care. Thereafter, the instant action was filed.
After considering the testimony and evidence, the trial court noted significant disagreements between the experts and found that defendants' expert was more credible, in addition to being more knowledgeable about the subject at issue. Therefore, the court found t
Page 1 2 3 4 5 6 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|