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Durbin v. Sumner County Regional Health Systems9/6/2001
.W.2d 24 (Tenn. Ct. App.1989).
This trial lasted for two weeks. The jury heard the evidence and determined that neither the Hospital nor Dr. Caldwell were at fault for the death of the twins or the injuries to the appellants. After reviewing the evidence, we find that there is ample material evidence to support the jury's verdict.
Dr. Caldwell testified that Ms. Durbin arrived at the Hospital on both July 20 and July 22 complaining of back pain and having contractions. On July 20, he ordered medication to stop her contractions. The nurse informed Dr. Caldwell that the contractions had stopped, and Ms. Durbin was sent home. Her back pain lessened after the contractions stopped, and Dr. Caldwell assumed they were the cause of her back pain. When she came to the Hospital on July 22, the doctor ordered an ultrasound to see if she was having a problem with her kidneys. The ultrasound revealed that she was indeed having a problem with her ureter on the side where she complained about the back pain. Dr. Caldwell determined that this was the cause of her back pain. Ms. Durbin was also put on the fetal heart monitor. The nurses testified that they did not find any evidence of distress, so they did not call Dr. Caldwell. Ms. Durbin was then discharged with instructions for bed rest and to call about any complications. There was testimony that Ms. Durbin did not call to report any problems except for nausea. Ms. Durbin testified that she never filled the prescription for medicine prescribed for her nausea. The expert witnesses of both appellees testified that all these actions were within the standard of care.
The jury also heard testimony from Dr. Caldwell and two expert witnesses for the appellees, Dr. Stephen Fortunato and Dr. Joseph P. Bruner, that the TTS could have developed in the time period between Ms. Durbin's discharge on July 22 and her visit to Dr. Caldwell on July 26. Both of appellees' expert witnesses testified extensively to the occurrence of acute TTS. They both testified from their personal experiences that the amount of fluid found in this case could be produced in less than four days, maybe even within twenty-four hours.
From the evidence presented the jury could have come to several conclusions that would require them to render a verdict in favor of the appellees. The jury could have concluded that TTS had not occurred when Ms. Durbin came to the Hospital on July 22. They could have concluded that it occurred in the days between July 22 and July 26. The jury could have concluded that the TTS may have been present, but that Dr. Caldwell and the Hospital all acted within the standard of care in the treatment of Mrs. Durbin.
As we have stated above, our role is not to reweigh the evidence. Because we have found ample evidence to support the jury's decision, we cannot overturn the verdict.
IV.
Since the jury returned a verdict for the defendants and we have determined that there is material evidence to support it, the appellants must show that something went wrong at the trial or leading up to the trial that prevented them from getting a fair hearing. They have raised several issues that they claim did amount to such prejudice. When the appellants first filed their complaint, they did not include Dr. Caldwell as a defendant.
A. Reference to the Hospital's Amended Answer
On October 15, 1997, the Hospital filed its amended answer regarding comparative fault. On December 1, 1997, the Hospital filed a motion further amending its answer to point the finger at Dr. Caldwell. This amendment read as follows:
32(a) The plaintiff and her twin fetuses were under the care and treatment of
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