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Blocker v. Rapides Regional Medical Center12/23/2003
PUBLISHED
AFFIRMED.
In this case, the defendant, the Louisiana Patient's Compensation Fund (LPCF), appeals the judgment of the trial court in favor of the plaintiff, Leonard Blocker, granting his motion for Judgment Notwithstanding the Verdict and increasing his damage award. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Blocker and his wife, Elizabeth, filed suit against Dr. Parameswara Kaimal and Rapides Regional Medical center urging that Dr. Kaimal failed to diagnose and treat a condition that developed after Dr. Kaimal performed surgery on him. The Blockers alleged that the failure eventually led to the amputation of Leonard's right lower leg and a large portion of his left foot. Rapides Regional was, thereafter, granted summary judgment and dismissed from the suit. Following a trial, the jury rendered a verdict finding Dr. Kaimal negligently treated Blocker and that this negligence was a proximate cause of his injuries. It awarded him the following sums and made the following finding:
(A) Leonard Blocker
(1) Past and Future Pain and Suffering $60,000
(2) Past and Future Mental Pain and Suffering$30,000
(3) Loss of Enjoyment of Life $10,000
(4) Scarring and Disfigurement $35,000
(5) Past Medical Expenses $52,716.04
(6) Are Future Medical Expenses Needed YES
(B) Elizabeth Blocker
(1) Loss of Consortium $15,000
TOTAL AWARD $202,716.04
Judgment was rendered on December 16, 2002, after which Blocker filed a motion for JNOV, which was granted. Following a hearing, the trial court made the following damage awards:
(A) Leonard Blocker
(1) Past and Future Pain and Suffering $100,000
(2) Past and Future Mental Pain and suffering$50,000
(3) Loss of Enjoyment of Life $100,000
(4) Scarring and Disfigurement $100,000
(5) Past Medical Expenses $52,716.04
(6) Are future medical expenses needed? Yes
(b) Elizabeth Blocker
(1) Loss of Consortium $15,000
TOTAL AWARD $417,716.04
The LPCF timely appealed to this court.
ISSUES
LPCF assigns as error:
1. The trial court's award for future medical benefits when Blocker failed to establish, by a preponderance of the evidence, the need for such benefits and the probable cost.
2. The trial court's award of open-ended future medical benefits, "where judgment is rendered for a total amount less than the maximum amount recoverable," contrary to La.R.S. 40:1299.43(A)(5).
3. The trial court's grant of Blocker's Motion for JNOV and the increase in the general damage award by 143%.
4. The trial court's allowing Blocker to recover for loss of enjoyment of life and past, present, and future mental and physical injuries.
FUTURE MEDICAL TREATMENT AND COSTS
LPCF first urges that the jury committed manifest error in finding that Blocker needed future medical treatment. Pursuant to La.R.S. 40:1299.43(A)(1), whether a patient is in need of future medical care is a question of fact for the jury to decide. Thus, we review the jury's finding under the well-established manifest error rule. LPCF urges that Blocker failed establish that he was in need of any future medical treatment and that the jury was not presented with any medical evidence substantiating his claims for future treatment.
Although there was no physician testimony as to his future medical costs, Blocker testifie
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