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McPherson v. Lake Area Medical Center5/24/2000
NED E. DOUCET, JR. CHIEF JUDGE
(Court composed of Ned E. Doucet, Jr.,Chief Judge, Sylvia R. Cooks and Marc T. Amy, Judges)
AFFIRMED.
AMY, J., DISSENTS AND ASSIGNS REASONS.
Defendant, the Louisiana Patients' Compensation Fund (LPCF), appeals a judgment of the trial court, pursuant to a jury verdict, awarding Plaintiffs $322,979.00 (subject to a credit of $100,000.00) in damages in connection with Plaintiffs' medical malpractice action. We affirm the judgment of the trial court.
FACTS
We extract the basic facts of the case from a prior opinion of this court, McPherson v. Lake Area Medical Center, 99-977, pp. _-_ (La.App. 3 Cir. 12/29/99); ___ So.2d ___, ___ (footnotes omitted), wherein we recounted the following:
On February 7, 1995, Kirk McPherson underwent a lumbar laminectomy with discectomy at the Lake Area Medical Center in Lake Charles, Louisiana. During the surgery, Mr. McPherson sustained a left retinal arterial occlusion resulting in the permanent loss of vision in his left eye. Thereafter, Mr. McPherson and his wife, Dianna, filed this medical malpractice action individually and on behalf of their two minor children to recover damages suffered as a result of Mr. McPherson's loss of vision. The McPhersons named several defendants in their original petition, including Dr. Ronald M. Lewis, the anesthesiologist for the surgery, and Galen-Med, Inc. The McPhersons alleged that upon awakening from the anesthesia, Mr. McPherson noticed problems with pain and loss of vision in his left eye. They alleged, among other things, negligence in the failure to properly pack and cover Mr. McPherson's eyes during the surgery, to appropriately monitor him while he was under anesthesia, to adequately adjust him during the surgery, and to render proper assistance and care in the postoperative room.
During the pending litigation, the McPhersons and Dr. Lewis entered into a compromise settlement pursuant to La.R.S. 40:1299.44 wherein Dr. Lewis admitted liability and paid the McPhersons $100,000.00. Pursuant to that statute, the trial court approved the settlement and dismissed the McPhersons' claims against Dr. Lewis and Galen-Med, Inc. The PCF was added as a defendant for excess damages.
In case number 99-977, we reversed the trial court's granting of a motion for summary judgment and remanded the case for further proceedings.
Prior to a jury trial on the matter of excess damages, Plaintiffs filed Motions in Limine seeking to have the following testimony excluded: (1) that of the members of the medical review panel, (2) that of Dr. Elmer Kline, an anesthesiologist, (3) that of Drs. Craig Smith and Jonathan Caulkwood, both neuro-ophthalmologists. Plaintiffs also sought to have the opinion of the Medical Review Panel excluded. The trial court granted Plaintiffs' motions finding that the opinion of the Medical Review Panel and the testimony sought to be excluded would go to liability, an issue which was admitted by Dr. Lewis' settlement. LPCF sought writs to this court on the trial court's ruling. In an unpublished opinion, this court found as follows:
This Court finds that the trial court properly denied the introduction of the Medical Review Panel Opinion and the testimony of the panelists themselves. This evidence would speak only to liability, which has been admitted through the earlier settlement agreement and may not be reargued.
The trial court erred, however, in excluding the expert neuro-ophthalmologists sought to be introduced by the defendant-applicant. The trial court's ruling is reversed concerning the use of these experts. They shall be allowed to testif
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