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HAWKINS v. CARROLL3/8/1996
Susan Hawkins sued Dr. Richard Carroll, along with Gayle Skinner and Margie Jones, who worked in Dr. Carroll's office, alleging, among other things, that Dr. Carroll had breached the standard of care owed to her while she was under his care and that, as a proximate result, she had incurred medical expenses, experienced pain and suffering, and suffered mental anguish and emotional distress. Dr. Carroll moved to dismiss the action; the trial court elected to treat the motion as a motion for a more definite statement. In response, Hawkins submitted the following:
"On or about June 24, 1992, Dr. Richard Carroll performed an open corrective septorhinoplasty on Susan Hawkins. On or about June 30, 1992, Susan Hawkins returned to Dr. Carroll's office to have the stitches and splints removed. On several follow-up visits, Susan Hawkins complained of severe irritation in areas where incisions had been made. On each occasion, she was told by Dr. Carroll that the stitches remaining in her nose were dissolvable and would dissolve.
"Dr. Richard Carroll negligently failed to remove non-dissolvable stitches, which were causing severe irritation. One suture had protruded through the skin causing severe chronic inflammation."
Dr. Carroll then moved for a summary judgment. On May 29, 1995, the trial court granted the motion and entered a judgment in favor of Dr. Carroll; Hawkins appeals. This case was transferred to this court by the supreme court, pursuant to ยง 12-2-7(6), Ala. Code 1975.
On June 24, 1992, Dr. Carroll performed on Hawkins extensive nasal septal surgery to correct breathing problems and also a cosmetic procedure to make the tip of her nose smaller. He used both dissolvable and permanent sutures. At her first post-operative visit she had no complaints, other than normal swelling; a few days later, she telephoned Dr. Carroll to complain of a "dry and hard" nose, and he prescribed a nasal spray. During the next few weeks, a bump appeared inside Hawkins's nose, which at times would swell and be visible on the outside of her nose; at times there was a foul odor and a discharge from that bump. Hawkins stated that she was uncertain whether these conditions were present during her routine postoperative visits.
At her last office visit in December 1992, Hawkins was not satisfied with the physical appearance of her nose. Dr. Carroll recommended revisionary surgery, but Hawkins decided to consult another physician. On March 19, 1993, Dr. Daniel E. Rousso performed revisional nasal surgery.
In its order, the trial court made findings of undisputed material facts, including:
"Other than two telephone calls concerning dryness of her nose and filling a prescription, she had no other contact with [Dr. Carroll's] office and made no requests for
appointments to have [Dr. Carroll] examine her for any swelling or infectious conditions.
". . . .
"Revisional nasal surgery was performed by Dr. Rousso on March 19, 1993. During the operation he removed some sutures from the earlier surgery and stated that 'one of the sutures had apparently eroded through the skin and was causing a small degree of inflammation' and that this situation was not uncommon for a shield graft during the healing process. No evidence was presented that Dr. Rousso ever treated [Hawkins] or prescribed medication for an infection or inflammation of the nose. Since this surgery [Hawkins] has not experienced any problems outside the normal healing process."
A summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Leonard v. Providence Hospit
Page 1 2 3 Alabama Personal Injury Attorneys
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