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Yaeger v. Fairview General Hospital3/11/1999
JUDGMENT: AFFIRMED.
Plaintiff-appellant Helen Elizabeth Yaeger, as Executrix of the Estate of her deceased husband Harry G. Yaeger, Jr. ( appellant ), appeals from a jury verdict and judgment entered by the Cuyahoga County Court of Common Pleas in favor of defendants-appellees Ernestine L. Fitch, M.D. and E.L. Fitch, M.D., Inc. ( appellees ). Appellant claims that the trial court abused its discretion by admitting irrelevant and prejudicial evidence and by improperly charging the jury and thereby so prejudicing the jury that a new trial must be ordered. We find no reversible error in the proceedings below and affirm the judgment of the trial court.
The facts giving rise to this appeal are as follows. Appellant's decedent, Harry G. Yaeger, Jr. ( decedent ), died on December 29, 1993 of acute myocardial infarction. Eight days prior to his death, on December 21st, decedent complained to his wife that he had flu-like symptoms and that he was tired, achy, weak and had some tightness in his chest. Still experiencing those symptoms, both the next day and the day after, he went to his family practitioner, appellee, on December 23, 1993. During the office visit, a member of appellee's staff recorded decedent's preliminary history noting that he had complaints of shortness of breath, pain in his arms and back, no cough times one day, and some tightness in his chest on exertion. In order to make a differential diagnosis, appellee examined decedent, asked him questions, listened to his heart and lungs and ordered both an EKG and chest x-ray. Appellee found the EKG reading to be normal. Appellee made the differential diagnosis of pneumonia, ruling out coronary disease because she found sounds and signs that suggested * pneumonia of the right lower lobe and her conversation with decedent, her examination and the normal outcome of the EKG. Ultimately, the official x-ray report, as interpreted by a radiologist, Dr. Grauel, concluded that decedent had a right lower lobe pneumonia. Upon her diagnosis, appellee prescribed an antibiotic for decedent's pneumonia and advised him, if necessary, to follow up with another physician because she was scheduled to be out of town over the holidays.
Decedent took the prescribed medicine and showed signs of improvement until the early morning hours of December 28th when he awakened with severe chest pain accompanied by nausea and profuse sweating. He obtained an appointment at Hassler Medical Center for 9:30 a.m. and, accompanied by his wife, decedent was seen by Hassler Medical Center physicians where a chest x-ray and EKG were taken. The chest x-ray showed no presence of pneumonia. Although the EKG indicated decedent was having a heart attack, he was sent home with an anti-inflammatory drug. Later that day, decedent's chest pain intensified and he began vomiting. Decedent notified the Hassler personnel of these symptoms and he was instructed to discontinue the medication. About 10 p.m. on December 28th, appellant and her son found decedent dead in his bed. The autopsy report indicated his cause of death as acute heart attack, a myocardial infarction which occurred within hours prior to his death.
Appellant initiated the within action on September 19, 1994, alleging medical malpractice and wrongful death against Fairview General Hospital, Family Practice Center of Fairview General Hospital, the Hassler Center for Family Medicine (collectively Hassler ), Martin Frantz, M.D., Michael Saidakis, M.D. and appellees Ernestine Fitch, M.D. and E.L. Fitch, M.D., Inc. ( appellees ). On December 6, 1994, appellant amended her complaint adding Radiologic Interpretations Inc., George Grauel, M.D. and Christine Hudak, M.D. as new party defendants. Subse
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