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Pearson v. Bridges3/19/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Appeal From Greenville County Frank P. McGowan, Jr., Circuit Court Judge
Heard February 20, 2001
AFFIRMED IN RESULT
We granted certiorari in this medical malpractice action to review the Court of Appeals' decision upholding the jury's $755,000 damage award to Belinda Sue Pearson ("Pearson").
FACTUAL/ PROCEDURAL BACKGROUND
On May 1, 1992, Dr. Tommy L. Bridges ("Dr. Bridges") examined Pearson, then a twenty-six year old, who had known problems with gallstones. Dr. Bridges recommended Pearson have her gallbladder removed. Because it was less painful and recovery time was shorter, Dr. Bridges recommended a laparoscopic surgery instead of an open procedure. During the laparoscopic gallbladder surgery on May 6, 1992, Dr. Bridges mistakenly cut the common bile duct instead of the cystic duct. After realizing the mistake, Dr. Bridges converted the surgery to an open procedure, and attempted to repair the common bile duct by inserting a stent. After the surgery, a stricture formed where the bile duct had been cut, necessitating a second surgery by Dr. Bridges in early November 1992 to redo the repair and again stent the bile duct.
Pearson was referred to another doctor in 1993. On September 3, 1993, Pearson had another surgery to replace the stent in her bile duct. The stent was replaced several times because of blockage. In April 1994, Pearson appeared to be doing well, and the stent was removed. However, in May 1994, another stricture developed, and Pearson underwent surgery to insert another stent. That stent was removed in November 1995. At the time of trial in 1997, Pearson had not had any further strictures.
Pearson filed a medical malpractice action against Dr. Bridges in April 1995. In March 1997, the case was tried before a jury. The jury ultimately returned a verdict in favor of Pearson and awarded her $755,000 in damages. Dr. Bridges appealed the damages award. The Court of Appeals, with Judge Anderson dissenting, affirmed. Pearson v. Bridges, 337 S.C. 524, 524 S.E.2d 108 (Ct. App. 1992).
Dr. Bridges then filed a petition for certiorari, and the sole issue before this Court is:
I. Did the Court of Appeals, in determining whether the trial judge erred in admitting the evidence of future medical damages in this case, improperly utilize the standard of proof the jury uses to determine whether future medical expenses have been proven?
LAW/ ANALYSIS
Dr. Bridges argues the Court of Appeals erred in utilizing the jury's standard of proof, instead of the trial judge's standard of admissibility, when determining whether the trial judge erred in admitting the evidence of future medical damages. We agree. The Court of Appeals' opinion confuses and intertwines the standard of proof with the standard of admissibility. However, even under the correct standard, the trial judge did not err in admitting the testimony concerning future damages.
Pearson's medical expert testified there were four scenarios whereby Pearson could incur future medical expenses:
Scenario One:
Continual monitoring of Pearson's condition to discover any more strictures and complications.
Projected Cost: $9,473.78
Scenario Two:
If the duct restrictured, another cholangioplasty would need to be performed.
Projected Cost: $20,107.56
Scenario Three:
If scenario two failed and surgery was required.
Projected Cost: $38,683.62
Scenario Four:
If scenarios two and three failed, a possible liv
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