 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fusiler v. Rivet11/2/2000
AFFIRMED.
YELVERTON, J.
Brenda and Earl Fusiler appeal a summary judgment which dismissed their medical malpractice claim against the Louisiana Patient's Compensation Fund (PCF). For the following reasons, we affirm.
FACTS
The Fusilers sued Dr. Robert Rivet, a neurosurgeon, for medical malpractice. Dr. Rivet first saw Brenda Fusiler on May 13, 1991, on referral from Dr. Olga Arter. She complained of neck and mid thoracic pain along with discomfort in her left hand. A myelogram and CT scan revealed multi-level disk disease, with the most significant defects located at C6-7 and C7-T1. The diagnosis was multi-level cervical spondylosis with nerve root pressure at C6-7 and C7-T1 on the left side. After Dr. Rivet consulted with Dr. Robert Martinez, a neurologist, both doctors agreed that surgery was necessary. Using a posterior approach, Dr. Rivet performed a decompressive laminectomy at C4, 5, 6, 7, and T1 with foraminotomies at C5-6, C6-7, and C7-T1 on May 28, 1991. Dr. Robert Franklin, a physical medicine rehabilitation doctor, was consulted to help with Mrs. Fusiler's postoperative spasm. She was discharged on June 4 with arrangements for her to see Dr. Martinez in four to six weeks for a follow-up visit.
However, Mrs. Fusiler was readmitted to the hospital the next day complaining of severe pain and vibrations all over her body. She also complained of numbness in her left arm and both legs. At this time, Dr. William Cloyd, a neuropsychiatrist, was consulted to help Mrs. Fusiler with pain management. After monitoring Mrs. Fusiler for several days, Dr. Rivet discharged her on June 10. Follow-up visits were scheduled with Drs. Rivet, Martinez, and Cloyd.
Mrs. Fusiler called Dr. Martinez's office on June 21 complaining of numbness from her waist down. She had not called any of the other doctors. Mrs. Fusiler saw Dr. Rivet on July 1. She complained of left-sided numbness. She no longer had any pain and was feeling great. On July 25, Mrs. Fusiler called Dr. Rivet's office asking if it was okay if she increased her activities and was told that she could get out of the house more.
Mrs. Fusiler failed to show for her scheduled appointment with Dr. Martinez on July 24, so she was rescheduled for July 30. She was still experiencing the numbness and now had a shocking sensation in her left arm and leg with pressure at the back of the neck. At that visit Dr. Martinez noted that Mrs. Fusiler walked "with a broad based unsteady gait that is not characteristic of anything in particular. It seemed to be almost functional."
Mrs. Fusiler's next appointment was with Dr. Rivet on August 19. At that time she did not have the severe arm pain that she had had prior to surgery, but was still having left-sided numbness. She related that she had good days and bad days. This is the last time that Mrs. Fusiler saw Dr. Rivet.
Dr. Martinez saw Mrs. Fusiler for a follow-up visit on September 3. Mrs. Fusiler reported that the past six weeks had been bad. She was fatigued with weakness in her lower extremities. Her whole left side had a numb, tingling sensation when she bent her head and neck forward. Dr. Martinez observed hyperflexia in her lower extremities. These symptoms concerned Dr. Martinez, so he decided that it was time to repeat some studies and ordered an MRI scan of the neck and lower back. Dr. Franklin treated Mrs. Fusiler on September 4 and also observed that her condition had worsened, noting that she had been doing well on July 25 when he had last seen her.
The MRI revealed a mild disc herniation to the left at L5-S1. In the cervical spine she still had significant disease at C6-7 with spinal cord
Page 1 2 3 4 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|