 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fournet v. Roule-Graham3/14/2001
CANNELLA, J., CONCURS.
AFFIRMED
This is a medical malpractice case brought by the Plaintiff, Alicia Fournet, against the Defendant and Appellant herein, Criss Roule-Graham, M.D. Ms. Fournet claims that Dr. Graham was negligent in prescribing Provera to her when this drug is contraindicated for patients with Ms. Fournet's medical history. For the reasons that follow, we find that the trial court was correct in rendering a judgment in favor of Ms. Fournet.
STATEMENT OF THE CASE
Ms. Fournet filed a claim for medical malpractice with the Patients' Compensation Fund against Dr. Graham, an OB/GYN. Thereafter, a Medical Review Panel comprised of three OB/GYNs convened on April 23, 1998. The Panel concluded that Dr. Graham met the applicable standard of care in prescribing Provera to Ms. Fournet.
On May 1, 1998, Ms. Fournet filed a Petition for Damages alleging that Dr. Graham was negligent in prescribing Provera and negligent in failing to obtain fully informed consent. After a two-day bench trial, the trial court rendered a verdict in favor of the Plaintiff, and awarded her damages in the amount of one-hundred fifty thousand ($150,000) dollars. Dr. Graham then filed this appeal.
FACTS
Ms. Fournet has suffered through a long history of deep vein thrombosis (DVT), a thromboembolitic disease that leads to excessive blood clotting. It is a disease that is very rare in someone as young as Ms. Fournet. Even more rare, however, was the cause of this condition. In 1988, her medical problems began with a deep vein thrombosis of the left thigh caused by a combination estrogen/progesterone birth control pill. She was hospitalized as a result, and discontinued any further use of hormone pills. The statistical probability of birth control pills causing deep vein thrombosis is very small. Nevertheless, Ms. Fournet continued to suffer from deep vein thrombosis, and had other occurrences of blood clots since then. Ms. Fournet began treatment by Claude C. Craighead, III., M.D., a vascular surgeon. Vascular surgeons specialize in the treatment of thromboembolitic disorders. Dr. Craighead started her on Coumadin, a blood thinner, and she continues this treatment today.
On September 30, 1996, Ms. Fournet first met with Dr. Graham concerning a suspected pregnancy. A test confirmed that she was pregnant, and Dr. Graham advised Ms. Fournet to discontinue using Coumadin during the pregnancy because Coumadin is associated with birth defects. Ms. Fournet told Dr. Graham that if there is any length of time that she is not on blood thinners, then she will get a blood clot. Ms. Fournet asked whether her treating physician, Dr. Craighead, should be contacted. Dr. Graham's response was "no, I think you'll be okay."
Less than three days later, Ms. Fournet suffered a blood clot that left her bedridden for ten days. It was later determined that Ms. Fournet's pregnancy was not viable, and she underwent a dilation and curettage operation. As it is termed, this missed abortion was unrelated to Ms. Fournet's deep vein thrombosis. In February of 1997, Ms. Fournet returned to Dr. Graham, this time for a condition known as abnormal uterine bleeding. Ms. Fournet reported to Dr. Graham that she was experiencing a three-week long menstrual cycle.
Dr. Graham decided at this point to put Ms. Fournet on a progesterone pill and prescribed 10mg of Provera for ten days. Provera is a synthetic progesterone-a hormone pill. It acts by causing the excess lining of the uterus to shed so that the lining can stabilize itself and stop bleeding. Provera is normally prescribed by OB/GYNs to stop abnormal uterine bleeding.
However
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.
|
|