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Ardoin v. Mills3/8/2001
AFFIRMED.
AMY, Judge.
The plaintiff filed suit against his treating orthopedic surgeon and the radiologist who performed an arthrogram for diagnostic purposes. He alleged that the radiologist and the hospital at which the arthrogram was performed breached the applicable standard of care in that the sterile field during the procedure was not maintained. This breach, he alleges, resulted in a shoulder infection that ultimately led to a shoulder fusion. He also argued that the orthopedic surgeon breached the standard of care in failing to timely diagnose the infection. A jury found in favor of the defendants. The plaintiff appeals. For the following reasons, we affirm.
Factual and Procedural Background
The plaintiff, Wayne Ardoin, began suffering right shoulder pain and sought treatment from a chiropractor and then, a family practitioner who made a diagnosis of calcific tendinitis and administered an injection of cortisone. The plaintiff then sought treatment from Dr. David Drez, an orthopedic surgeon. Dr. Drez began treating the plaintiff in early June 1995. Although physical therapy was recommended and provided some relief, the plaintiff again experienced an onset of pain later in the month. Dr. Drez administered another injection and, when the symptoms did not improve, referred him to Dr. Scott Mills, a radiologist, for an arthrogram. According to Dr. Drez, this invasive, diagnostic procedure, was prescribed in order to determine whether the plaintiff had a rotator cuff tear. The procedure was performed by Dr. Mills at Lake Charles Memorial Hospital (LCMH) on June 30, 1995. During the procedure the plaintiff complained of pain. On subsequent treatment from Dr. Drez, the plaintiff indicated that he was experiencing a different type of pain than prior to the arthrogram. The pain did not cease and, eventually, Dr. Drez ordered a CT scan. According to Dr. Drez, the scan, which was also performed by Dr. Mills, revealed "calcific tendinitis and marked degenerative changes in the glenohumeral joint." Dr. Drez then referred the plaintiff to Dr. Charles A. Rockwood, Jr., an orthopedic surgeon in San Antonio, Texas.
When the plaintiff saw Dr. Rockwood on August 21, 1995, Dr. Rockwood's test also revealed degenerative changes, changes that could be caused by infection. Cultures taken from the area indicated the presence of staphylococcus aureus and gammella morbillium. Due to the infection, Dr. Rockwood performed an arthrodesis, fusing the joint solid. Following this procedure, the plaintiff returned to Dr. Drez's care. He underwent subsequent procedures to remove screws and a plate from the area. Due to the arthrodesis, the plaintiff's use of his arm is now restricted.
The plaintiff commenced proceedings under the Louisiana Medical Malpractice Act, La.R.S. 40:1244.41, et seq., against Dr. Drez, Dr. Mills, and LCMH. The Medical Review Panel found in favor of the health care providers, finding that the evidence presented was insufficient to demonstrate that the applicable standards of care were not met. On September 23, 1997, the plaintiff filed the instant matter, asserting that Dr. Mills was negligent in performing the arthrogram which resulted in the alleged infection. Similarly, the plaintiff claimed that LCMH breached its applicable duty by failing to provide a sterile environment for the procedure. Finally, the plaintiff argued that Dr. Drez was liable for negligently failing to diagnose the infection in a timely matter. In addition to the damages sought by Mr. Ardoin, his wife, Betty Ardoin, sought damages for loss of consortium. At the close of the plaintiff's case at trial, LCMH filed a motion for directed verdict regarding its liability. I
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