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Jeffery v. Bickham8/22/2001
Leland Jeffery ("Jeffery"), individually and on behalf of the estate of his deceased mother, Gladys Gwendolyn Birdwell Jeffery ("Mrs. Jeffery"), appeals the judgment of the First Judicial District Court granting summary judgment in favor of B. L. Bickham, M.D. ("Dr. Bickham") and the Louisiana Medical Mutual Insurance Co. ("Lammico"). For the following reasons, we affirm.
Facts
Between the years 1987 and 1995, Mrs. Jeffery had been a patient of Dr. Bickham, a Shreveport internist. Dr. Bickham began treating Mrs. Jeffery in October, 1987 after a stroke left her with right-side paralysis. She continued to see Dr. Bickham three or four times a year for follow-up treatment of her stroke and then once a month for lab work.
On June 22, 1995, Mrs. Jeffery presented to Dr. Bickham complaining of generalized weakness and also that her mind was unclear. Dr. Bickham examined Mrs. Jeffery. She returned to Dr. Bickham on September 22, 1995 with similar complaints and was given a flu shot. Finally, she saw Dr. Bickham for the last time on October 17, 1995. At that visit she again complained of weakness and difficulty ambulating. The facts given by the parties in brief contradict each other on whether Mrs. Jeffery complained of left lower extremity weakness/pain or right lower extremity weakness/pain, although the nurse's note from that date attached to Dr. Bickham's brief indicates that Mrs. Jeffery complained her right leg was giving her trouble. Based on these complaints, Dr. Bickham arranged for Mrs. Jeffery to undergo physical therapy, which she did not do.
On October 25, 1995, Mrs. Jeffery saw Dr. Ronald C. Hubbard ("Dr. Hubbard") of the Highland Clinic complaining of left ankle pain, but not left-side weakness. Dr. Hubbard noted after the examination that Mrs. Jeffery probably suffered from arthritis and acute ankle pain. There was no mention of lung cancer. He gave her a shot of Celestone and instructed her to follow up with him in one week.
On October 31, 1995, Mrs. Jeffery presented at the Highland Hospital emergency room ("ER") complaining of weakness in her left side along with continued weakness on her right side. Dr. Hubbard made various impressions of Mrs. Jeffery after she presented to the ER, which, again, did not include lung cancer. However, he admitted her to the hospital. The next day, a CT scan revealed brain metastasis and adenocarcinoma of the lung. Mrs. Jeffery died on December 16, 1995 at the age of 66.
This suit was filed by Jeffery, individually and as executor of the estate of his mother, against Dr. Bickham and Lammico (collectively "appellees"), seeking damages against Dr. Bickham for the alleged breach of the standard of care in his treatment of Mrs. Jeffery.
Dr. Bickham and Lammico filed their Motion for Summary Judgment in the trial court, which was granted on October 30, 2000. This appeal by Jeffery ensued.
Discussion
The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action, except those disallowed by law; the procedure is favored and must be construed to accomplish these ends. La. C.C.P. art. 966(A)(2); Yarbrough v. Federal Land Bank of Jackson, 31,815 (La. App. 2d Cir. 03/31/99), 731 So. 2d 482. The motion should be granted only if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B); Leckie v. Auger Timber Co., 30,103 (La. App. 2d Cir. 01/21/98), 707 So. 2d 459. The burden of proof remains with the mover. However, if the par
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