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Demopulos v. Jackson6/21/2000
Judgment rendered June 21, 2000.
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Claiming that the trial court erred in denying his request for a continuance, this medical malpractice plaintiff now appeals the dismissal of his action following the granting of two motions for summary judgment. Finding no error below, we affirm.
Facts and Procedural History
On February 25, 1994, in conjunction with a visit to the emergency room, Paul Demopulos ("Demopulos") was admitted to the Willis Knighton Medical Center ("WKMC") for evaluation of his complaints of pain, numbness, and bluish discoloration to the fingers of his right hand. Dr. James M. Jackson ("Dr. Jackson"), Demopulos's treating internist, in consultation with a vascular surgeon, Dr. Frederick W. Knight ("Dr. Knight"), and a radiologist, Dr. Andrew J. Marsala ("Dr. Marsala"), conducted extensive testing but could not locate any source for the supposed embolic phenomena. Instead, the physicians suspected vasospasm in Demopulos's right radial artery area and proceeded with appropriate treatment. By the following day, Demopulos's symptoms had subsided and he was discharged from the hospital with medications and instructions. Demopulos was scheduled to see Dr. Jackson in one week for a follow-up examination. However, two days later, on February 28, 1994, Demopulos was admitted to Schumpert Medical Center after suffering a stroke on the right side of his brain. The radiologist at this facility was able to discover a pedunculated thrombus in an artery which had likely caused Demopulos's stroke.
Believing that the physicians at WKMC had misdiagnosed his condition and that a proper diagnosis and appropriate treatment would have prevented the stroke on February 28, Demopulos filed a malpractice claim with the Patient's Compensation Fund against Drs. Jackson, Knight, and Marsala on February 16, 1995. At the request of the parties, the medical review panel was extended three times before rendering its unanimous opinion on June 9, 1998. The panel concluded that the defendants had met the applicable standard of care and that the conduct complained of was not a factor in causing the asserted resultant damages.
Demopulos then filed suit in district court against these same three doctors on September 21, 1998. Almost five months later, Demopulos's attorney filed a motion to withdraw as counsel of record. In an order dated February 17, 1999, the trial court granted the attorney's motion and allowed Demopulos thirty days in which to obtain what would be his fourth attorney of record. Thereafter, Demopulos participated, in proper person, in a scheduling conference and received the resultant scheduling order dated May 3, 1999. In accord with that order, Dr. Jackson filed a motion for summary judgment on May 6, 1999; a hearing was set for May 24, 1999. Demopulos failed to attend court that date and the motion was granted. Likewise, Drs. Marsala and Knight each moved for summary judgment in late May 1999. The court set these hearings for June 28, 1999.
Despite the February 17 order granting thirty days to obtain new counsel, Demopulos failed to engage present counsel until June 21, 1999-one week before the scheduled summary judgment hearing. Counsel for Demopulos filed a motion to continue on June 24 in which he stated a desire to conduct additional discovery, including deposing Drs. Jackson, Knight, and Marsala. This motion was argued before the court at the June 28 hearing. The trial judge denied Demopulos's request and proceeded with the summary judgment motion. Demopulos opposed summary judgment simply by arguing that he might not need expert testim
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