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Keaton v. Greenville Hospital System3/1/1999
KEATON, et al. v. GREENVILLE HOSPITAL SYSTEM, et al.
Davis Adv. Sh. No. XX S.E. 2d
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Appeal From Greenville County Larry R. Patterson, Circuit Court Judge
Heard December 15, 1998
AFFIRMED AS MODIFIED
These three consolidated medical malpractice actions are on appeal from an unpublished Court of Appeals decision affirming a jury verdict for the defense. Petitioners claim the Court of Appeals wrongly found an objection to a jury charge was not preserved for appellate review. We agree. Petitioners further argue that they are entitled to a new trial because the jury charge was erroneous. We disagree and find that no new trial is necessary.
FACTUAL/PROCEDURAL BACKGROUND
Verona Keaton, the mother and guardian ad litem for her son Tony Foster, Jr., ("Patient"), sued the Greenville Hospital System, Greenville Memorial Hospital, the emergency room physician Dr. Donald Gregg, Greenville Emergency Medicine, and Carolina Emergency Medicine ("the Defendants").
Patient's suit claimed the Defendants negligently caused him permanent brain damage by failing to diagnose and treat his hydrocephalic condition in a timely manner. Both parents of Patient instituted claims against the Defendants based on the same incident. The trial court dismissed the parents' claims against the hospital because the South Carolina Tort Claims Act's two year statute of limitations had passed.
On January 7, 1992, Verona Keaton brought her son to the Greenville Memorial Hospital emergency room. Patient had been experiencing vomiting, dizziness, and diarrhea. They entered the hospital at 2:45 p.m. and by 2:51 p.m. Patient was in an emergency room bed. Dr. Gregg saw Patient at 3:00 p.m. and performed a neurological examination. At this time Dr. Gregg took Patient's history, performed a physical examination, and ordered certain tests including a CT Scan. A CT scan is the only test that reveals the presence of hydrocephalus. In this initial examination Dr. Gregg determined Patient was not suffering from any neurological defect. Dr. Gregg diagnosed him as probably dehydrated and instructed that Patient receive intravenous fluids.
During the next hour, Patient's condition did not improve. At 3:50 p.m., Dr. Gregg determined that Patient was suffering from an altered mental state and requested support. After completing more tests, at 4:49 p.m. Patient was taken to the CT scan. The CT scan immediately revealed Patient's hydrocephalus and the doctor requested a neurological consultation. At 5:10 p.m., Patient's pulse stopped. A doctor began mouth to mouth resuscitation and intubated Patient so that oxygen could flow. At 5:22 p.m. a neurosurgeon arrived and, based on the CT Scan results, inserted a needle into Patient's head to relieve the cranial pressure.
Hydrocephalus is a condition in which the ventricles in the brain become blocked. The blockage prevents the spinal fluid from adequately circulating through the brain and returning to the bloodstream. This blockage results in swelling and pressure within the cranium. Patient claims the doctors could have reduced the pressure caused by the water on his brain if they had given him oxygen and the drug Mannitol. Patient also believes that he should have received 100% oxygen before going to the CT Scan.
Following this episode, Patient suffered severe neurological damage.
After a tracheostomy and a gastrostomy, Patient has remained in a vegetative state. He has remained in a chronic care facility since February 2, 1993.
Patient sued the Defendants, alleging negligence
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