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Richardson v. State12/9/1998
RICHARDSON v. STATE, 98-918 (La.App. 3 Cir. 12/9/98)
Rehearing Denied January 21, 1999.
The State of Louisiana, through the Louisiana Health Care Authority Huey P. Long Memorial Hospital, appeals a judgment against it in favor of Mack Richardson in his suit for medical malpractice. In its appeal, the State assigns seven errors committed by the trial court in the trial of this matter. For the following reasons, we affirm the judgment in favor of Mack Richardson and against the State of Louisiana.
FACTS
Mack Richardson was shot in the upper right leg in the late evening of August 8, 1992. After being shot, Mr. Richardson drove himself to the Huey P. Long Memorial Hospital in Pineville, Louisiana, where he was treated in the emergency room. X-rays taken at that time revealed that the bullet was shattered in his leg. Mr. Richardson returned to the hospital on August 12, 1992, complaining of pain. On that visit, drainage from the wound was noted, and x-rays of his right femur were taken. The x-rays did not reveal anything different from the initial x-rays taken on August 9.
On August 16, 1992, Mr. Richardson returned for a recheck of his leg. The hospital's record of his visit indicates he reported decreased swelling with no redness, bleeding, or discharge. It was noted that he complained of continued discomfort with ambulation. Mr. Richardson returned again to the hospital on August 21. The record of that visit indicates he was in a wheelchair and that his wound was healing well with minimal yellow discharge. He was instructed to clean the wound and to ambulate as tolerated.
On August 22, 1992, Mr. Richardson returned to the hospital with a displaced fracture of the right femur, which was some distance below the area of the August 8 gunshot wound. Mr. Richardson and Georgia Kirts, his girlfriend, described the events surrounding the fracture of his leg. Both testified that Mr. Richardson had been watching a football game on television when he stood up from the sofa and started to take a step forward. As he stepped forward with his right leg, they heard a snap, then Mr. Richardson fell to the floor in severe pain Shane Kessler, an off-duty emergency medical technician, arrived at Mr. Richardson's home within minutes of his fall. Upon arrival at the home, he heard Mr. Richardson's complaints of severe pain and his explanation of his injury . Mr. Kessler's testimony of Mr. Richardson's description of his injury was the same description given by Mr. Richardson and Ms. Kirts at trial.
The testimony of Mr. Richardson and Ms. Kirts was contrary in some respects to the information contained in the hospital's records for the visits of August 16 and August 21. Mr. Richardson testified that on August 16 he complained of continuing pain in his leg and that it hurt to walk on his leg. He and Ms. Kirts both testified that on his visit of August 21 he had to use a wheelchair because of the pain in his leg and that he complained to the doctor that his leg was "really hurting bad." Mr. Richardson testified that in response to his complaints, the doctor commented that his leg should not be hurting as much anymore and that he should be up and walking. A prescription for a new pain reliever was given to Mr. Richardson at that time, and he was instructed to begin walking on his leg.
On cross-examination, Mr. Richardson testified he was never examined by a nurse or by the doctor on August 21 and that the doctor asked Ms. Kirts, who is an occupational therapy assistant at another hospital, the status of his wound. According to Mr. Richardson, he was never touched by a nurse or doctor on the August 21, 1992 visit. Ms Kirts' testimony was
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