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Leblanc v. St. Paul Fire and Marine Insurance Co.9/6/2000
AFFIRMED.
COOKS, Judge.
The Louisiana Patient's Compensation Fund appeals a judgment against it in the amount of $591,321.29. It alleges the trial court erred in finding in favor of appellee and denying its Motion in Limine to exclude certain expert testimony. For the foregoing reasons, we affirm the trial court's judgment.
FACTS
This case involves a medical malpractice action against Dr. John B. Caire and the Louisiana Patient's Compensation Fund. Dr. Caire specializes in obstetrics and gynecology. He also provides medical services to assist his patients in weight control and reduction. Appellee, Pamela LeBlanc, was dissatisfied with her weight and sought treatment from Dr. Caire. On her first visit, in April of 1995, LeBlanc was placed in a group with approximately 8-10 patients. An employee in Dr. Caire's office determined the patients' blood pressure, briefly discussed eating habits, passed out a fat gram book, and a pamphlet regarding the importance of water and exercise. Following a brief lecture, the patients were taken to Dr. Caire's office.
The patients were not separated. They sat in a group around Dr. Caire's desk while he questioned each of them about their weight loss goals. After each patient discussed her objective, the doctor allowed the patient to determine the strength of her medication. He asked her whether she wanted strong, medium, or mild pills. He did not counsel any patient on the risks associated with taking the prescribed medication.
Dr. Caire prescribed two pills for LeBlanc, Phentermine and dessicated hormone. Phentermine is an appetite suppressant commonly prescribed to patients attempting to lose weight. Dessicated hormone, however, is commonly referred to as slaughter house thyroid hormone because it is extracted from slaughter house animals.
Title 46 of the Louisiana Administrative Code, Professional and Occupational Standards, Part I, Chapter 69, Subpart 3, makes it unlawful for any physician to prescribe dessicated hormone for weight loss purposes. Sub-parts (D) & (E) of Title 46 also makes it unlawful for a physician to prescribe Phentemine for more than 12 weeks in a one year period.
Dr. Caire prescribed the hormone supplement to LeBlanc without informing her of its potential risks. Dr. Caire also failed to perform any laboratory test to determine the condition of LeBlanc's thyroid; and, he did not investigate LeBlanc's medical history nor perform a physical examination on her.
LeBlanc returned to Dr. Caire's office on a monthly basis. She testified non-medical staff refilled her prescription and recorded her weight. She saw Dr. Caire only twice in six months, and neither time did he examine her thyroid. Dr. Caire confirmed prescribing Phentermine for LeBlanc's use in conjunction with the hormone supplement for a period exceeding the annual duration statutorily authorized.
In September of 1995, Dr. Caire increased LeBlanc's hormone dosage because she complained of not losing weight. Again, he failed to warn her of the serious risks associated with the use of the hormone, particularly when taken in conjunction with Phentermine. On her last visit, LeBlanc bought 100 of the stronger dose pills. But shortly thereafter, she began to experience "a scratchy and irritated feeling" in her eyes. Her left eye eventually became swollen with mucus and discharge. At first, LeBlanc believed the condition resulted from "pink eye," but her symptoms persisted; and, she scheduled an appointment with Dr. Liwliwa Ramos, an internal medicine physician.
Dr. Ramos prescribed eye drops for LeBlanc's use. The drops, however, did not solve the problem.
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