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Fournet v. Roule-Graham3/14/2001
finding which should not be reversed on appeal absent manifest error. Id. Where it is equally plausible that the injury occurred from another cause as from the defendant's negligence, liability cannot be imposed because the plaintiff has failed to prove it is more likely than not that the injury resulted from the defendant's negligence. Cangelosi v. Our Lady of the Lake Medical Center, 564 So.2d 654 (La. 1990).
During Ms. Fournet's hospital admission in February, 1997, she tested positive for Protein S deficiency and the Lupus anticoagulant. Both of these conditions present a predisposition for the development of coagulation problems. Dr. Graham argues that these conditions, in addition to her continuing problems with DVT, could be an explanation as to why Ms. Fournet suffered a blood clot.
The initial thromboembolitic attack in 1988 came about as a result of the innocent use of hormonal birth control pills. Ms. Fournet was thereafter instructed to avoid any other hormone pills forever. Within three days after Dr. Graham placed Ms. Fournet on Provera, which is a progesterone hormone pill, she suffered a blood clot. Dr. Hogan, an OB/GYN, testified that "once she got the drug, she got the DVT." We see no error in the trial court's finding that the administration of Provera was more likely than not the cause of Ms. Fournet's injuries.
CONCLUSION
Based on the foregoing, we see no manifest error in the trial court's finding that Dr. Graham failed to exercise reasonable care and diligence, and such failure led to Ms. Fournet's injuries. The judgment of the trial court is hereby affirmed.
AFFIRMED
CANNELLA, J., CONCURS
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