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Mitzell v. Glover3/20/2000
Appeal From Lancaster County Paul E. Short, Jr., Circuit Court Judge
Heard February 8, 2000
AFFIRMED
John and Judy Mizell brought this medical malpractice action against Dr. Alfred L. Glover, a podiatrist, and Alpine Podiatry Center, his professional association, alleging Dr. Glover committed malpractice in his treatment of Judy Mizell. John Mizell asserted a claim for loss of consortium. The jury returned a verdict for Dr. Glover. The Mizells appeal. We affirm.
FACTS
On March 2, 1993, Judy Mizell sought treatment from Dr. Alfred Glover for corns that appeared between her fourth and fifth toes. Dr. Glover diagnosed the condition as "hammertoes," and debrided the area to provide temporary relief. On March 11, 1993, Dr. Glover performed hammertoe surgery on Mizell, but Mizell's condition worsened after surgery. She experienced pain, swelling, discoloration, and temperature changes in her foot, and noticed the tendons in her second and third toes had begun to contract. On April 27, 1993, Dr. Glover performed a capsulectomony and extensor tenotomy to release the contracture of the second and third toes.
Mizell still suffered from foot pain and swelling, however, and subsequently developed a lump on the underside of her foot. Dr. Glover diagnosed the lump as a Morton's neuroma and removed it on June 1, 1993. Mizell continued to experience pain and temperature changes in her foot, so Dr. Glover referred her to her family doctor to rule out lupus or any other systemic problems.
Mizell sought treatment from Dr. Lowell Gill, an orthopedic surgeon with the Miller Orthopedic Clinic in Charlotte, who diagnosed her condition as that of Reflex Sympathetic Dystrophy (RSD). RSD is characterized by severe pain, swelling, color and temperature changes in the affected area, and if gone undiagnosed, can lead to an inability to move the part or extremity. Dr. Gill encouraged Mizell to use her foot by giving her prescription shoes to relieve the pain. He also arranged to see her again in two months, but at the subsequent visit on September 28, 1993, Dr. Gill noticed Mizell had experienced some deterioration in her condition.
Mizell did not return to Dr. Gill for treatment; instead, she went to Southeast Pain Management Center and saw Dr. Joshua Miller. Dr. Miller agreed with the assessment of RSD and recommended a sympathetic block. The Pain Center administered the block which gave Mizell some relief, albeit incomplete relief. Mizell was then given the option of running a wire in her spine and wearing a box to control the pain, but she rejected that upon learning there was a risk of paralysis.
The Mizells filed this complaint dated February 28, 1996, asserting claims of negligence and loss of consortium. The jury returned a verdict for Dr. Glover and his professional association. No post-trial motions were made by the Mizells. At issue was whether Dr. Glover's treatment caused Mizell to suffer from RSD and whether he failed to timely diagnose the disease.
ISSUES
I. Did the trial court err in admitting a jury interrogatory which found the expert witness for the Mizells, Dr. Sheldon Marne, committed fraud because the interrogatory was not part of the judgment and could not be appealed?
II. Did the trial court err in excluding Dr. John Buckholz's article on RSD because it was his own prior statement and conflicted with his testimony?
III. Did the trial court err in permitting Dr. Dennis Martin to testify concerning the treatment provided at the Pain Center because his training was limited to that of a podiatrist?
IV. Did the trial court err in q
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