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Lagrange v. Schumpert Medical Center6/21/2000
and disoriented due to medication and does not know the exact date of the formation of the ulcer on his heel or when he fell, re-injuring his left leg stump. For these reasons, the plaintiff argues that his petition for a medical review panel filed on October 2, 1997, was timely.
Regarding the decubitus ulcer on his right heel, the plaintiff argues that the date of formation of this ulcer is unknown, but it was first noted in his hospital records on September 25, 1996. In his deposition, the plaintiff stated that while at Schumpert, he received no treatment for the ulcer. The plaintiff also contends that his treating orthopedic surgeon told him that the sore was caused by substandard treatment. At some points in the record, the plaintiff contends that this conversation took place while he was a patient at Schumpert and at other points the plaintiff contends that the conversation occurred in the physician's office after the plaintiff was released from Dubuis Hospital. According to the plaintiff, it was not until some time in 1997 that he learned that the decubitus ulcer would be slow to heal and might require surgery. He asserts that it was only at that point that he realized that the ulcer was related to treatment, so as to trigger the one year prescriptive period.
The record does not support the plaintiff's allegations. Hospital records show that as early as September 6, 1996, the beginning of the decubitus ulcer was noted. In the plaintiff's deposition, he stated that he noticed the decubitus ulcer after returning to his hospital room from the ICU after one of his surgeries. Hospital records show that the plaintiff's last transfer from ICU was on September 14, 1996. Numerous entries in the hospital record show that the heel was bandaged and routinely treated while the plaintiff was in Schumpert. According to the hospital records, the plaintiff was frequently instructed not to push against his right heel in order to reposition himself while in bed. The records further show that the plaintiff indicated that he understood the instruction.
The record shows that the plaintiff was aware of the formation of the decubitus ulcer on his heel in September 1996. However, he failed to file his petition to convene a medical review panel until October 1997. The plaintiff's claim regarding his heel had prescribed on its face. Therefore, it was the plaintiff's burden to prove that the injury and its causal relationship to the alleged misconduct were not apparent or discoverable until one year before the suit was filed. The record fails to support such a finding. The plaintiff was apprised of the alleged actual harm, even if he was not aware of the extent of the injury, before the date of his discharge from Schumpert. Further, there is no showing of any attempt on the part of Schumpert to mislead or cover up information regarding this condition. All information was available to the plaintiff through inquiry or medical or legal advice in September 1996. Prescription on his claim regarding his heel commenced on or before September 25, 1996. Accordingly, the plaintiff's inaction regarding any claim for more than one year was not reasonable.
The plaintiff additionally claims that he received injuries to the amputation site of his left leg which resulted in further surgeries. However, the plaintiff has failed to show that any claim for injury to his left leg has not prescribed. At one point the plaintiff seems to argue that the amputation site was injured when struck on the bed frame at Schumpert in September 1996. He then later urges in his appellate brief that he suffered a fall on or after October 2, 1996, while a patient at Dubuis Hospital, which required additional surgery to the amputa
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