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Hyatt v. Raggio2/2/2000
(Court composed of Chief Judge Ned E. Doucet, Jr., Judge Henry L. Yelverton, Judge Oswald A. Decuir, Judge Marc T. Amy, Judge Elizabeth A. Pickett)
REVERSED AND RENDERED.
AMY, Judge.
The plaintiffs filed suit against the defendant neurosurgeon alleging malpractice due to the failure to diagnose an aneurysm which ruptured with catastrophic consequences. A jury found in favor of the defendant finding no deviation from the applicable standard of care. Following a motion for judgment notwithstanding the verdict, the trial court reversed the jury's finding and entered judgment in favor of the plaintiff. Both the defendant and the Louisiana Patient's Compensation Fund appeal seeking reversal of the JNOV. For the following reasons, we reverse the JNOV and reinstate the jury verdict.
Factual and Procedural Background
This medical malpractice suit was filed by the plaintiffs, Janis and Gary Hyatt, following a subarachnoid hemorrhage experienced by Mrs. Hyatt on October 18, 1992. The ruptured aneurysm left Mrs. Hyatt in need of total care without the ability to walk, talk, feed herself, or care for her personal needs. In the petition instituting the matter, the plaintiffs alleged that the defendant, Dr. John Raggio, a neurosurgeon who had examined Mrs. Hyatt following complaints of headaches, failed to properly diagnose or perform proper diagnostic testing prior to the catastrophic rupture. A Medical Review Panel previously convened found that the evidence presented for its review did not support the conclusion that Dr. Raggio failed to comply with the applicable standard of care.
At trial, Mr. Hyatt testified as to his version of the events leading up to October 18, 1992. He explained that Dr. Raggio had treated him for a back problem and that his last visit was on September 14, 1992. He stated that earlier in the year Janis had been experiencing headaches and had a new onset of the headaches on September 14. He testified that on September 23, Mrs. Hyatt experienced a change in the intensity of the headaches and that she walked from the bathroom in their home, grabbed her head, asked him to turn the lights out, turn off the television, and leave her alone. He did so and Mrs. Hyatt went to sleep.
Mr. Hyatt stated that he called Dr. Raggio's office on September 23, explained that Mrs. Hyatt was having terrible, pounding headaches, that they had intensified that day, and that she was nauseated. He also testified that he told Dr. Raggio that he was frightened because Mrs. Hyatt's aunt died of an aneurysm. Mr. Hyatt stated that he made an appointment for his wife with Dr. Raggio for September 29. Dr. Raggio testified that he had no recollection of any such phone call and that his records did not indicate that one had occurred. His office records did, however, indicate that an appointment had been scheduled for September 29, but they did not indicate who made the appointment for Mrs. Hyatt or when it was made.
Mr. Hyatt testified that on September 28, one day prior to the scheduled appointment, he telephoned Dr. Raggio again and told him that Mrs. Hyatt was complaining of intense, throbbing pain in her head and that he was taking her to the emergency room. Mr. Hyatt testified that Dr. Raggio stated he would telephone ahead and order x-rays. The record indicates that Mrs. Hyatt was examined at the hospital and that Dr. Raggio ordered a CT scan with and without contrast which was determined to be negative.
The emergency room record of that evening reflects the following nurse's notation:
Headache - onset x2 weeks. Became severe last Wednesday (5 days ago) c/o photophobia, sounds bothering. States
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