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Richardson v. State12/9/1998
le and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians, dentists, optometrists, or chiropractic physicians within the involved medical specialty."
"(2) That the defendant either lacked this degree of knowledge or skill or failed to use reasonable care and diligence, along with his best judgment in the application of that skill."
"(3) That as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred."
The plaintiff must show more probable than not that he suffered the injury complained of because of the defendant's conduct. Where it is equally plausible the injury resulted from something other than defendant's negligent conduct, the plaintiff has not carried his burden of proof. Alex v. Dr. X, 96-1196 (La. App. 3 Cir. 3/5/97); 692 So.2d 499.
Mr. Richardson's case is essentially based upon two premises. First, he argues that it is the standard of care to know that x-rays do not always show the existence of fracture. Second, he argues his right leg should have been x-rayed on either the August 16, 1992 visit or the August 21, 1992 visit because of his continued complaints of inordinate pain. The State defends the case arguing that Mr. Richardson failed to present expert testimony to establish the applicable standard of care, and that every physician who reviewed the case determined the treatment rendered by Huey P. Long Hospital was appropriate and met the standard of care.
Six physicians testified at the trial. The medical review panel, all of whom testified at trial, consisted of Dr. Fred Reid, an emergency room physician, Dr. Vanda Davidson, an orthopedist, and Dr. Lucius Andrews, Jr., an emergency room physician. The remaining physicians who testified were Mr. Richardson's treating physician for the fracture of his femur, Dr. Robert Treuting; the radiologist who had interpreted the x-rays taken of Mr. Richardson's femur on August 9 and 12, Dr. Joseph Rankin; and, plaintiff's expert, a pathologist certified in anatomic and forensic pathology, Dr. George McCormick.
The physicians questioned about the x-rays taken August 9 and 12 agreed that no fracture was evidenced on those x-rays. However, one member of the review panel testified the x-rays of August 9 were not good enough to rule out fracture at the site of the August 22 fracture site, and another physician testified the x-rays of August 12 did not include the August 22 fracture site. All of the physicians testified that an occult or hairline fracture can be present but not seen on even the finest x-rays and that such fractures become more evident on an x-ray with the passage of time because of resorption of the bone around the fracture site or because of physical stress on the fracture.
Dr. Andrews and Dr. Davidson testified that they did not see any deviation from the standard of care in the treatment rendered by the State. These opinions were based upon the medical records alone. However, Dr. Davidson, along with Dr. Treuting and Dr. McCormick, were of the opinion that continued complaints of pain and pain with walking as described by Mr. Richardson and Ms. Kirts on August 16 and 21 warranted additional x-rays to determine the cause of the pain. Dr. Davidson explained that consideration should have been given to a fracture with continued complaints of pain in a leg that was two weeks post gunshot wound,
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