Roberts v. Bicknell8/16/2001
In this medical malpractice case, patient and wife sued physicians and their professional association for damages resulting from defendants' negligence, deviation from applicable standard of care, and lack of informed consent. The trial court granted defendants a partial summary judgment for all claims concerning incidents that occurred more than one year prior to the date suit was filed, as barred by the statute of limitations. Subsequently, the trial court granted summary judgment on the merits as to all remaining claims. Plaintiff appeals. We affirm.
Tenn.R.App.P. 3; Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded
W. Frank Crawford, P.J., W.S., delivered the opinion of the court, in which Holly Kirby Lillard, J. and John Franklin Murchison, Sp .J., joined.
OPINION
Plaintiffs, William H. Roberts, M.D. and wife, Rosemary Roberts (hereinafter Plaintiff or Dr. Roberts) sued Defendants, S. Lane Bicknell, M.D., Harvey C. Harmon, M.D., Roy Appleton, M.D., and the Jackson Clinic, Professional Association (hereinafter Dr. Bicknell, Dr. Harmon, Dr. Appleton, and the Clinic, respectively), for damages resulting from the Defendants' negligence in deviating from the applicable standard of care in their treatment of Dr. Roberts, and their failure to have Dr. Roberts's informed consent to perform certain procedures. Defendants' answer denied the material allegations of the complaint concerning negligence and lack of informed consent and further specifically pleaded Plaintiff's action was barred by the applicable statute of limitations.
Dr. Roberts's claim has its origin in a procedure known as "cryoablation" for treatment of prostate cancer . In December of 1994, Dr. Roberts, an ophthalmologist, was diagnosed with prostate cancer. After the diagnosis, Dr. Bicknell recommended that Dr. Roberts consider cryosurgery as a treatment option. Dr. Bicknell explained that Dr. Roberts would be a good candidate for the procedure, and that the procedure would give Dr. Roberts a chance for a "relatively" normal life. When Dr. Roberts asked Dr. Bicknell what the disadvantages of the procedure were, Dr. Bicknell responded that, since the procedure was considered experimental, Dr. Roberts' insurance might not cover the cost. However, Dr. Bicknell indicated that he expected insurance providers would soon approve coverage for the procedure.
Following his diagnosis, Dr. Roberts decided to have his cancer treated by cryoablation. The record indicates that Dr. Roberts did little or no research on the efficacy of the cryoablation procedure, relying instead upon Dr. Bicknell's recommendation and informal conversations with other physicians with whom Dr. Roberts had contact. On December 27, 1994, Dr. Bicknell and his colleague, Dr. Appleton, performed the procedure on Dr. Roberts at The Jackson-Madison County General Hospital. On December 30, 1994, Dr. Roberts was discharged from the hospital.
The day after his hospital discharge, Dr. Roberts began to experience severe pain in his right thigh. Dr. Bicknell was not available that day, so Dr. Roberts spoke with another urologist at the Jackson Clinic, who prescribed some medication. On January 5, 1995, Dr. Roberts began to notice air coming out of his penis, and he called Dr. Bicknell and told him about his problem. He met Dr. Bicknell at the Clinic and, after some tests, Dr. Bicknell told him that there appeared to be some rectal damage. Dr. Bicknell re-admitted Dr. Roberts to the hospital on January 6, 1995, and referred him to a surgeon, Defendant, Dr. Harmon, for further tests. During the hospital stay and prior to an operation on January 9, 1995, he started passing feces through h
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