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Campbell v. Hospital Service Dist. No. 1 Caldwell Parish8/22/2001
Dr. Henry Nguyen ("Dr. Nguyen") appeals the grant of summary judgment by the Thirty-Seventh Judicial District Court for Caldwell Parish in favor of Faye Campbell, Debbie Ann Campbell Watts, and Nelda Campbell Harmond ("appellees"), the spouse and surviving children, respectively, of the decedent, Mr. Eugene Campbell ("Mr. Campbell"). Finding that genuine issues of fact exist, we reverse and remand.
Facts
On May 21, 1995, Dr. Nguyen was working in the emergency room ("ER") of Citizens Medical Center ("Citizens") when, at approximately 8:15 p.m., Mr. Campbell presented with chest pains radiating into his jaws and arms. Dr. Nguyen treated Mr. Campbell and made the diagnosis of "unstable angina, rule out myocardial infarction." Later that night Mr. Campbell went into cardiac arrest and was resuscitated by Dr. Nguyen.
After a unanimous decision by the medical review panel that Dr. Nguyen's treatment of Mr. Campbell met the applicable standard of care, the appellees filed the instant suit in the trial court. Thereafter, they filed their Motion for Partial Summary Judgment on Liability arguing that there was no genuine issue of material fact regarding the applicable standard of care and the question of breach of that standard by Dr. Nguyen. The trial court granted the appellees' motion, leaving the issues of causation and quantum for a jury trial. After the denial of Dr. Nguyen's motion for new trial, this appeal ensued.
Discussion
The sole assignment of error raised by Dr. Nguyen addresses the issue of whether the trial court erred in granting summary judgment in favor of appellees in light of the diverse opinions expressed in the medical review panel opinion and by appellees' experts, Drs. Emile Barrow ("Dr. Barrow") and David Tepper ("Dr. Tepper"). Specifically, Dr. Nguyen argues that a genuine issue of material fact exists regarding the applicable standard of care and whether it was breached in his treatment of Mr. Campbell.
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. La. C.C.P. art. 966(C)(2). When a motion is made and supported, as required by La. C.C.P. art. 966, an adverse party may not rest on the mere allegations or denials of his pleadings, but his response must set forth specific facts showing a genuine issue for trial. Otherwise, summary judgment, if appropriate, shall be rendered against him. La. C.C.P. art. 967.
Appellate courts review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Kennedy v. Holder, 33,346 (La. App. 2d Cir. 05/10/00), 760 So. 2d 587; Yarbrough, 731 So. 2d at 487; Bockman v. Caraway, 29,436 (La. App. 2d Cir. 04/02/97), 691 So. 2d 815.
Here, the trial court determined, based solely on the opinions of appellees' experts, that there was but one standard of care for the treatment of patients such as Mr. Campbell, and that Dr. Nguyen had failed to refute that fact. In its Reasons for Judgment, the tri
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