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Moore v. Alliance Obstetrics3/11/2002
JUDGMENT: Reversed and Remanded
Plaintiff-appellant Albert L. Moore, Administrator of the Estate of Lynnette Twaddle, appeals the January 4, 2001 Judgment Entry of the Stark County Court of Common Pleas which entered judgment in favor of defendants-appellees Alliance Obstetrics, Inc. and David Robinson, M.D.
STATEMENT OF THE CASE AND FACTS
On August 1, 1997, Lynnette Twaddle died from a bilateral pulmonary embolism. Approximately three weeks before her death, on July 9, 1997, appellee Dr. Robinson performed a vaginal hysterectomy on the decedent at Alliance Community Hospital. Before the surgery, decedent signed a consent form which listed emboli (blood clot) as a complication or risk of the surgery. Further, the decedent initialed an information form showing blood clots to be a risk of the surgery. The decedent was discharged from Alliance Community Hospital on July 10, 1997, and was told to follow up with her physician in three weeks. One week after the surgery, the decedent contacted appellee's office because she did not feel well. On July 31, 1997, the decedent went to appellee's office for her postoperative examination. That day, appellee's office recorded the decedent was experiencing chest pains, chest tightness, shortness of breath, gasping, weakness, and a feeling that she might pass out. Dr. Robinson conducted an examination of the decedent and told her the symptoms were from anxiety. Dr. Robinson told the decedent to return in one year. The next day, the decedent died from a bilateral pulmonary embolism. On July 26, 1999, appellant filed this medical malpractice action alleging appellee Dr. Robinson fell below the standard of care in his postoperative care and treatment of the decedent. The matter proceeded to a jury trial on November 28, 2000. At trial, appellant presented the testimony of two medical experts David Kanarek, M.D., a pulmonalogy expert from Massachusetts General Hospital, and Michael Berke, M.D., an obstetrician-gynecologist from Detroit. Dr. Kanarek testified a vaginal hysterectomy was a risk factor for the decedent developing a pulmonary embolism. Dr. Kanarek further testified the "danger signs" exhibited in appellee's office the day before her death were "very significant." Dr. Kanarek opined Dr. Robinson should have conducted a bone scan which would have almost certainly yielded an abnormal result. Thereafter, Dr. Kanarek opined the decedent should have received a blood thinner which would have prevented further clotting and prevented the fatal embolism. Dr. Kanarek stated Dr. Robinson was negligent in failing to take these actions, proximately causing the decedent's death. Dr. Berke also testified the decedent's hysterectomy was a risk factor for the development of pulmonary embolism. Dr. Berke agreed with Dr. Kanarek the symptoms she exhibited in appellee's office indicated a pulmonary embolism. Dr. Berke opined appellee fell below the standard of care in not examining the decedent's legs, where many pulmonary emboli begin. Dr. Berke also found appellee should be found negligent because he failed to run any test or refer the decedent to a specialist for an evaluation. Dr. Berke further opined appellee's negligence proximately caused the decedent's death. For evidence on the standard of care, appellees presented the testimony of Dr. Robinson; Dr. Philip Buescher, a board certified pulmonalogist; Dr. William Cook, a board certified obstetrician and gynecologist; Dr. John Karlen, a board certified obstetrician and gynecologist; and Dr. Leo Williams, a pathology expert. Dr. Buescher testified he had never seen a patient develop a pulmonary embolism after a hysterectomy. Further, Dr. Buescher opined Dr. Robinson met the standard of care in his tre
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