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Keylon v. Hill12/11/2003
I.
This is a medical malpractice case. The motion of the Plaintiff for partial summary judgment was denied, and the case was thereupon scheduled for trial, on January 8, 2003. At the conclusion of all the proof, Dr. Hill moved for a directed verdict which was granted. The motion of the Plaintiff for a new trial was denied. She appeals and presents for review two issues: (1) whether her motion for partial summary judgment should have been granted, and (2) whether the motion of the Defendant for a directed verdict was properly granted.
II.
The Plaintiff alleged that: on December 26, 2001, she was taken to the Roane Medical Center emergency room for medical treatment, where her condition was diagnosed as acute; Dr. Robert A. Hill was the emergency room physician on duty; she complained of symptoms "that are plain and obvious signs of a stroke," which appeared suddenly and immediately preceding her arrival at the emergency room; she was in fact having a stroke, which Dr. Hill failed to diagnose and treat accordingly; Dr. Hill diagnosed her as having Pain OS [oculus sinister] and then discharged her with instructions to seek further treatment "later today at Roane Eye Center"; she went to Roane Eye Center and was seen by an optometrist who thought she was suffering from a stroke "right now"; she immediately was taken to Parkwest Medical Center where she was diagnosed with an "occipital lobe stroke" and treated accordingly; a stroke requires immediate care, and Dr. Hill was negligent and violated the applicable standard of care because:
He failed to conduct an appropriate medical examination of Mrs. Keylon.
He failed to use diagnostic tools and information available to determine Mrs. Keylon's condition.
He failed to promptly and properly diagnose Mrs. Keylon's medical problem.
He failed to promptly recognize and properly respond to signs and symptoms of Mrs. Keylon's condition.
He failed to properly document the course of Mrs. Keylon's condition and treatment.
He failed to realize that Mrs. Keylon was experiencing a stroke.
He failed to treat Mrs. Keylon for stroke.
He failed to stabilize Mrs. Keylon's condition before releasing her.
He failed to consult with a physician or other qualified health care provider possessing the training, experience and skill necessary to promptly and properly diagnose and treat Mrs. Keylon's condition.
He failed to consult a neurologist.
He failed to transfer Mrs. Keylon to another medical facility equipped to provide care and treatment for a stroke patient.
The plaintiff further alleged that as the proximate result of Dr. Hill's negligence and deviations from the applicable standard of care, considerable time elapsed between the onset of symptoms and treatment, causing Mrs. Keylon to suffer injuries that would not otherwise have occurred, including but not limited to the following: loss of vision, loss of coordination, loss of strength, loss of limb movement, loss of balance, loss of reaction time, loss of concentration, loss of speed of thought, loss of memory, loss of awareness of space (where objects are in relation to each other), general depression, costs of medical care, costs of rehabilitation services, costs of long-term and custodial care, loss of services and loss of enjoyment of life, and as the proximate result of Dr. Hill
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