Campbell v. Warren Gen. Hosp.12/12/1994
CACIOPPO, Judge.
This action involves the care and treatment rendered to Martin Campbell ("Campbell") by Dr. John Belany during an admission to Warren General Hospital in April 1990.
Appellees filed a medical malpractice action in the Trumbull County Common Pleas Court on September 18, 1991 against Warren General Hospital, Robert E. Bisel, D.O., Daniel Fitzpatrick, D.O., John Belany, D.O., and K. Brian Williams, D.O. On February 14, 1992, Warren General Hospital was voluntarily dismissed without prejudice from the case, Dr. Williams and Dr. Bisel were dismissed osMarch 31, 1993 and May 24, 1993, respectively. This action proceeded to a jury trial against the remaining two defendants, Dr. Fitzpatrick and appellant, on May 25, 1993.
On June 4, 1993, the jury returned a verdict in favor of both defendants. Plaintiffs filed a motion for judgment notwithstanding the verdict or, in the alternative, a motion for new trial on June 6, 1993. The trial court granted the motion for new trial against Dr. Belany. The defense verdict in favor of Dr. Fitzpatrick was upheld. Dr. Belany filed a notice of appeal on July 29, 1993.
Appellee Martin Campbell was admitted to Warren General Hospital on April 9, 1990 for hip surgery. At the time of his admission to the hospital, Campbell was fifty-seven years old with a prior history of asthmatic bronchitis and polymyalgia rheumatica, conditions which were treated with steroids. On April 10, 1990, Campbell underwent a total hip replacement performed by Dr. Brian Williams without incident.
Approximately seventy-two hours after surgery, Campbell began to develop shortness of breath. Dr. Belany suspected that Campbell had suffered a pulmonary embolus, a potentially fatal blood clot in the lung. In an attempt to dissolve the clot that he believed to be present, Dr. Belany ordered hepalin, a blood thinner, for Campbell.
On April 15, 1990, Dr. Belany left for a seminar and Dr. Bisel followed the progress of Campbell in Dr. Belany's absence. Near midnight on April 19, 1990, Dr. Fitzpatrick, at the request of Dr. Bisel, examined Campbell concerning abdominal pain and distension he was experiencing. Dr. Fitzpatrick diagnosed a left rectus muscle hemorrhage and recommended that the administration of heparin be stopped.
On the morning of April 21, 1990, Dr. Biggs, covering for Dr. Fitzpatrick, examined Campbell, who had vomited twice the night before. Dr. Biggs ordered that Campbell have a nasogastric ("NG") tube put in place because of an ileus (loss of peristaltic movement of the bowels). An NG tube helps in decompressing the contents of the stomach.
Dr. Belany, after returning from his seminar, saw Campbell in the early afternoon of April 21. Dr. Belany removed the NG tube, which had been put in place only a few hours beforehand. The doctor was concerned that the NG tube could adversely affect Campbell's breathing and actually aggravate the ileus. The following day, Dr. Fitzpatrick examined Campbell, felt that he was doing better, and concurred with the removal of the NG tube.
On the morning of April 24, 1990, Campbell began experiencing severe right lower quadrant abdominal pain. Dr. Belany ordered Motrin for the pain. Later, after an x-ray revealed air under the diaphragm consistent, with a bowel perforation, Dr. Fitzpatrick took the patient into emergency surgery. Dr. Fitzpatrick discovered two holes in the cecum, which required Campbell to undergo a colostomy. Campbell was subsequently discharged from the hospital on May 11, 1990 wearing a colostomy bag which was in place until his intestines were reconnected in September 1990.
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