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Norman v. Good Shepherd Medical Center8/17/2001
Chief Justice Thomas
In this medical malpractice case, Gregory S. Norman and Jeri Norman, as next friends of Elizabeth Norman, their minor daughter, appeal a take-nothing judgment on the jury's verdict in favor of Good Shepherd Medical Center. In three issues, appellants contend the trial court erred in (a) excluding evidence of Good Shepherd's corporate negligence and testimony concerning conversations between family members; and (b) instructing the jury on sole proximate cause and unavoidable occurrence. In a fourth issue, appellants challenge the factual sufficiency of the evidence to support the verdict. We affirm.
FACTUAL BACKGROUND
On December 27, 1993, Elizabeth's two younger sisters came down with "the sniffles." By the next day, ten-year old Elizabeth and her mother had also become sick. The mother called their family doctor, Marshall, and scheduled appointments for the four of them the next day. That evening, however, Elizabeth began vomiting, had diarrhea, ran a fever, and became weak and lethargic. Around 9:30, while helping Elizabeth out of the shower, the mother noticed a "blotchy," "purplish" discoloration down Elizabeth's back.
Two hours later, Elizabeth developed eight to ten "reddish-purplish" spots, ranging from "pencil-eraser" size to nickle size, on the back of her legs but was sleeping without problems. Alarmed by the spots and, after contacting her husband, who was out of town, sister and mother-in-law, the mother called Good Shepherd Medical Center for advice.
During the call, which occurred at 12:31 in the morning, the mother related Elizabeth's symptoms and her concern about the reddish-purplish spots to an emergency room nurse, whom she later identified as John Blair. According to the mother, Blair informed her that there was a five-or six-hour wait in the emergency room and that she would need to call her doctor if she wanted Elizabeth to be seen earlier. Blair also told her that it seemed like Elizabeth had the flu.
About twenty minutes later, the mother spoke to Marshall. She again related Elizabeth's symptoms and her concern about the spots. According to the mother, Marshall told her that the spots "d not mean anything to ," and since Elizabeth was resting, she could wait until the morning to bring Elizabeth into his office. Relieved that Marshall did not appear to sense any urgency, the mother went to bed.
The mother checked on Elizabeth once during the night and again sometime after six, at which time she noticed Elizabeth had a "purple splotch" around her mouth. Frightened, she awoke the other children and called her husband to let him know they were going to the hospital.
The family arrived at the Good Shepherd emergency room around seven. At that time, Elizabeth was again febrile, had diarrhea and a stiff neck, and was experiencing shortness of breath. She was diagnosed with meningococcemia, a bacterial infection that often includes meningitis and is characterized by purplish discoloration or spots. She was in an induced coma for about two months, underwent gall bladder surgery, and suffered amputations of both legs below the knee, her right arm at the elbow, and the middle finger of her left hand.
On March 31, 1995, appellants filed suit. Relevant to this appeal, appellants alleged in their fourth amended petition, upon which they proceeded at trial, that "Good Shepherd was negligent and grossly negligent, as those terms are defined by law, regarding the care and treatment of Elizabeth . . .." Specifically, appellants alleged Good Shepherd was negligent and grossly negligent by:
รน failing to instruct the mother to bring Elizabeth imm
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