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Arlington Memorial v. Baird4/29/1999
FROM THE 67TH DISTRICT COURT OF TARRANT COUNTY
OPINIO
Introduction
Arlington Memorial Hospital Foundation, Inc. d/b/a Arlington Memorial Hospital ("Arlington Memorial") appeals the jury verdict for Johnny W. Baird ("Baird") in his medical malpractice suit. We are asked to consider whether the trial court erred by prohibiting a nursing expert to testify regarding the medical causation of Baird's injuries and whether there was sufficient evidence of proximate cause to support submitting a negligence question to the jury. Because we hold the trial court did not err by limiting the nursing expert's testimony, and the trial court erred by submitting the negligence issue to the jury because there was no evidence of proximate causation, we will reverse the judgment of the trial court and render judgment for Arlington Memorial.
Summary of Relevant Facts
On August 12, 1993, Dr. Nirmal Saran performed cataract removal surgery on Baird at Arlington Memorial. During the surgery, Baird sustained a corneal burn to his right eye. Baird sued the hospital for medical negligence on the theory that the surgeon used a previously used tip during Baird's procedure and the reuse of the tip caused his burn.
The procedure Baird underwent to remove his cataract is called phacoemulsification. Phacoemulsification involves the use of an instrument called a phaco tip, which is applied to the eye and breaks the cataract into minuscule particles that are removed by aspiration. The tip is attached to a phacoemulsification machine. It is undisputed that up until the time of Baird's surgery Arlington Memorial routinely reused phaco tips. However, it is disputed whether the tip used in Baird's surgery had actually been used previously.
The jury awarded Baird damages for Arlington Memorial's negligence and gross negligence. This appeal followed.
Expert Testimony
In his sole cross-point, Baird argues the trial court abused its discretion by prohibiting his nursing expert, Mary Scardino, R.N., from testifying about whether, in her opinion, the reuse of the needle caused the burn to Baird's eye. We review the exclusion of proffered expert testimony under an abuse of discretion standard. See E.I. du Pont de Nemours and Co. v. Robinson, 923 S.W.2d 549, 558 (Tex. 1995). To determine whether a trial court abused its discretion, we must decide whether the trial court acted without reference to any guiding rules or principles; in other words, whether the act was arbitrary or unreasonable. See Goode v. Shoukfeh, 943 S.W.2d 441, 446 (Tex. 1997); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985), cert. denied, 476 U.S. 1159 (1986).
Baird presented Scardino as a nursing expert. As a nursing expert, Scardino could testify about issues within her knowledge, skill, experience, and training. See Tex. R. Evid. 702. Baird properly questioned Scardino about the standard of reasonable nursing care in an effort to establish neglect on the part of the nurses that prepared the equipment prior to his surgery and the nurses that assisted during his surgery. However, Baird also attempted to solicit an opinion from Scardino to establish that the reuse of the tip caused Baird's burn. Because Scardino was not shown to be qualified to medically diagnose thermal burns or to be an expert on the equipment used, the trial court properly prohibited Scardino from testifying about causation of Baird's burn. See Pace v. Sadler, 966 S.W.2d 685, 689-90 (Tex. App.-San Antonio 1998, no pet.) (holding that nurse was not qualified to medically diagnose causation of injury); Lesser v. St. Elizabeth Hosp., 807 S.W.2d 657, 659 (Tex. App.-Be
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