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Perdieu v. Blackstone Family Practice Center9/13/2002
In this appeal, we consider whether the trial court erred in refusing to qualify three of the plaintiff's proposed expert witnesses. We further consider whether the trial court erred in granting the defendants' motions to strike at the conclusion of the plaintiff's case-in-chief when the plaintiff did not present essential expert testimony.
I. Facts and Proceedings Below
According to well-settled principles of appellate review, when the evidence has been struck at the conclusion of the plaintiff's case-in-chief, we will recite the facts in the light most favorable to the plaintiff. Bryan v. Burt, 254 Va. 28, 30-31, 486 S.E.2d 536, 537 (1997).
On January 4, 1995, Lucille P. Overton ("Overton") was admitted as a patient to Heritage Hall Health Care ("Heritage Hall"), a nursing home facility in Blackstone, Virginia. Upon her admission, she entered into an agreement entitled "Heritage Hall Admission Agreement" (the "contract"), in which HCMF Corporation ("HCMF"), t/a Heritage Hall Health Care, agreed to provide Overton with such care as her condition reasonably required. Overton had a history of "mental confusion, dementia and disorientation." Charles I. Rosenbaum, M.D. ("Dr. Rosenbaum") and Blackstone Family Practice Center, Inc. ("BFPC") were listed on Overton's chart as her medical care providers. The Heritage Hall staff performed an evaluation of Overton's condition and needs upon her arrival to the facility, which indicated that Overton was "ambulatory only with assistance, was confused, and only sometimes oriented to place and time." As a result of the evaluation, the Heritage Hall staff categorized Overton as subject to a high risk for falls.
On January 20, 1995, Overton fell from her bed onto the floor of her room. A member of the staff at Heritage Hall contacted BFPC and Dr. Rosenbaum to inform them of Overton's fall. Overton was then examined by Dr. Josephine R. Fowler ("Dr. Fowler"), a resident physician in training at the Medical College of Virginia/Virginia Commonwealth University, who was conducting a family practice rotation under the supervision of BFPC. Dr. Fowler did not diagnose any injuries resulting from Overton's fall.
The next day, January 21, 1995, Overton fell again, this time in the dining room at Heritage Hall. Again, Dr. Fowler examined Overton and did not diagnose any injury resulting from the fall.
After the second fall, Overton's physical and psychological condition "severely deteriorated." Overton's son, Horace E. Perdieu ("Perdieu"), visited her on January 30 or 31, 1995, observed her condition, and requested medical attention for his mother from the Heritage Hall staff. The staff notified BFPC, and as a result Overton was examined by Dr. George P. Damewood ("Dr. Damewood"), another resident physician associated with BFPC. During a physical examination, Dr. Damewood determined that Overton appeared to have sustained a hip fracture and he ordered x-rays of Overton's hip. Dr. Rosenbaum viewed the x-rays and confirmed the hip fracture and Dr. Barry W. Burkhardt ("Dr. Burkhardt") subsequently performed surgery on Overton to replace her fractured hip with a prosthesis.
On April 30, 1999, Overton filed a four-count motion for judgment against BFPC, Dr. Rosenbaum, and HCMF, seeking one million dollars in "compensatory and exemplary damages." In Count I, Overton alleged that HCMF breached its contract with her when it failed to provide her with reasonable care, failed to direct the development of a suitable care plan related to her personal health needs, and failed to protect her with adequate safety measures.
In Count II, Overton alleged that BFPC and Dr. Rosenbaum committed medi
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