MCGEE v. BRUCE HOSPITAL SYSTEM
3/18/1996
FACTS
In October 1991 Donna McGee was treated at Bruce Hospital for solitary rectal ulcer syndrome. Treatment included
Early the next morning, Donna began to experience chest pains and pressure. Her vital signs were normal. Her pain worsened and Dr. Bolick, Dr. Pearson's partner, ordered a chest x-ray. After reading the x-ray, Dr. Bolick ordered the catheter pulled back 3 inches and another x-ray. Dr. Lee read this x-ray and stated the catheter was in a good position. Thereafter, Donna began to sweat profusely. The IV fluids were stopped and the catheter was flushed. Dr. Bolick ordered blood tests and an EKG to determine if Donna was having a heart attack. Since her vital signs had become abnormal, Dr. Kirkpatrick requested a cardiologist consult. Donna became lethargic and they could not obtain a blood pressure reading. Dr. Blaker, a cardiologist, arrived and took charge. Based upon an echocardiogram, he determined Donna was suffering from cardiac tamponade, a condition where fluid invades the pericardium surrounding the heart causing the heart to beat rapidly. This condition is fatal if not properly and promptly treated.
One treatment is to perform a pericardiocantesis to drain excess fluid from the pericardium. Dr. Blaker began this procedure and withdrew over 1 1/2 liters of fluid. Dr. Blaker, however, had actually punctured the liver and was withdrawing fluids from it. Donna went into full cardiac arrest and Dr. Pearson began an open-chest procedure in her room. The pericardium was found distended. Dr. Pearson drained the pericardium and began massaging her heart. A blood pressure and pulse were obtained. Donna was taken to the operating room where she became unstable again. After three hours of cardiac massage, a pacemaker was inserted and Donna was
Donna's husband, Mike McGee (McGee), brought these
ISSUES
1) Did the trial judge erroneously allow Dr.
Podgorny to testify as to the proper
standard of care?
2) Do the punitive damages awards violate due
process?
3) Are the awards of punitive damages in both the
survival and
4) Did the trial judge err in directing a verdict
for Dr. Blaker?
5) Did the trial judge err in precluding Dr.
Schabel from testifying as an expert
witness?
DISCUSSION
1) Qualification of Dr. Podgorny
Dr. Pearson alleges the trial court erroneously qualified Dr. Podgorny as an expert. He contends simply because Dr. Podgorny is not a surgeon, he is not qualified to testify as an expert about the standard of care for surgeons as to the placement of subclavin catheters. We disagree.
The qualification of an expert witness and the admissibility of an expert's testimony are matters within the trial court's discretion. Creed v. City of Columbia, 310 S.C. 342, 426 S.E.2d 785 (1993). We recently held in Lee v. Suess, ___ S.C. ___, 457 S.E.2d 344 (1995), a doctor's limited exposure to a particular field merely goes to the weight of his testimony and not its admissibility. Further, in Gooding v.
Saint Francis Xavier Hosp., ___ S.C. ___, 454 S.E.2d 328 (Ct.App. 1995), the court held although an emergency room technician may not have been qualified to testify about the broad field of anesthesiology, he was well-qualified to testify about the limited area of intubation.
Similarly here, although Dr. Podgorny may not have been qualified to testify about the specialty of surgery, he was well-qualified to testify about the standard of care in the placement of the catheter. Dr
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