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Trombley v. Starr-Wood Cardiac Group6/16/2000
nt surgeon under similar circumstances was addressed in Malbrough v. Hamsa. In that case, Dr. Hamsa, an assistant surgeon, claimed that he was not liable for complications that developed during a laminectomy because he was an orthopedic surgeon rather than a neurosurgeon and because he did not actually perform the surgery. Arguing that the plaintiff had failed to establish the duties or degree of care required of an orthopedic surgeon who serves as a surgical assistant, Dr. Hamsa appealed the trial court's finding of liability. But based on Dr. Hamsa's direct involvement with the surgical procedure, during which he helped to surgically scrape the disc, and testimony that the techniques used by neurosurgeons and orthopedic surgeons in performing this particular surgical procedure are "no different insofar as their specialties are concerned," the appellate court concluded that "the standard of care for Dr. Hamsa was the same as for [the lead neurosurgeon]."
When Dr. Barmada moved for summary judgment, he argued in a conclusory fashion that no evidence connected him with anything that went wrong and that plaintiff's expert only implicated Dr. Ahmad. In opposition, Trombley quoted the Barmada deposition passages that say that there is no difference between Dr. Barmada and Dr. Ahmad. Trombley also quoted the expert's report that implicated "Dr. Ahmad and his associates." In reply, Dr. Barmada did not (a) explain his deposition testimony that permitted an inference that he and Dr. Ahmad shared responsibility for the cardiac aspects of the surgery, (b) distinguish his duties from those of Dr. Ahmad, or (c) assert any facts permitting an inference that there had been a discrete division of responsibility between Drs. Ahmad and Barmada as to any aspect of the surgery.
In light of Dr. Barmada's description of his responsibilities as first assistant, his proximity to and ability to observe Dr. Ahmad during the surgery, and his level of training and expertise as a cardiac surgeon, any failure on Dr. Barmada's part to inform Dr. Ahmad that the wrong vessel was being bypassed could be found negligent. Therefore, it was inappropriate to grant summary judgment in favor of Dr. Barmada.
3. There is a triable issue of fact as to Dr. Randecker's conduct.
Dr. Randecker's role during the surgery was to harvest the vein from Trombley's leg. After the surgery, he was in charge of post-operative care of Trombley. The testimony presents a material question of fact as to whether Dr. Randecker's treatment of Trombley's leg was negligent.
Soon after the surgery, Trombley's leg became infected, according to Drs. Starr and Anschuetz and the physical therapist. Dr. Randecker did not notice the infection, despite Trombley's complaints that her leg hurt and the redness and seeping of the wound. When Trombley returned to the hospital because her leg was smelling and seeping, Dr. Randecker told her that it would heal and prescribed no treatment. Trombley consulted Dr. Anschuetz, who prescribed whirlpool treatments and trimming to remove the dead tissue from the infected leg. Trombley followed this course of treatment. Eventually plastic surgery was performed on the wound.
Dr. Anastassiou testified that Dr. Randecker's care was "a breach in the postoperative care on this patient," relating to "the discovery and management of the wound infection." Mary Williams, the Providence Hospital nurse who did the trimming, told Trombley that she had "never seen such a mess come out of a simple cut on the leg."
The testimony of Dr. Anastassiou suffices to establish a negligent breach of duty. It and Williams's statement imply that the breach caused, at least, damage associate
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