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Bailey v. Jones11/2/1993
Janet Patricia Bailey (plaintiff) appeals from a jury verdict entered for defendants, Dr. J. Kempton Jones (Dr. Jones) and Village Family Practice, in plaintiff's medical malpractice action.
The evidence presented at trial tended to show the following facts. In May of 1988, plaintiff discovered a mass in her left breast during a routine breast self-examination. On 13 May 1988, plaintiff went to Village Family Practice, a partnership, for a physical examination and was examined by Dr. Jones, one of the partners. During the examination, plaintiff told Dr. Jones of the mass she had discovered and Dr. Jones attempted to locate the mass, but could not feel it. Dr. Jones told plaintiff that she must be feeling part of her breastbone. Dr. Jones, however, referred plaintiff to Chapel Hill Radiology, P.A., for a mammogram. A member of Dr. Jones' office called Chapel Hill Radiology on 13 May 1988 and scheduled an appointment for plaintiff on either 6 June or 16 June. Dr. Kaja Heater (Dr. Heater), a radiologist with Chapel Hill Radiology, testified that if a woman had a palpable mass, Chapel Hill Radiology would perform a mammogram on the same day the woman was examined by the referring physician. Dr. Jones gave plaintiff a "referral slip" which plaintiff was to take with her when she went to Chapel Hill Radiology for her mammogram.
Plaintiff contends that Dr. Jones did not properly fill out the "referral slip," failing to note that plaintiff had felt a mass in her breast. Dr. Jones testified that it is his custom to fill out the slip in its entirety.
Plaintiff was examined by Dr. Jones on 13 May 1988, and had the mammogram performed on 16 June 1988. The appointment book of Chapel Hill Radiology recorded that a 6 June appointment
for the mammogram was cancelled. Plaintiff testified that the mammogram was originally scheduled for 16 June and that she did not cancel a 6 June appointment.
On 16 June 1988, plaintiff went to Chapel Hill Radiology for her mammogram. Plaintiff presented the "referral slip" to an employee of Chapel Hill Radiology and awaited her mammogram. At some point, it appears the "referral slip" was rewritten by an employee of Chapel Hill Radiology. It is unclear what became of the "referral slip" filled out by Dr. Jones.
Neither the technician who performed the mammogram, nor Dr. Heater, who interpreted the mammogram, saw the "referral slip" written by Dr. Jones, and neither was aware that plaintiff had felt a mass in her breast. After the mammogram, plaintiff talked with Dr. Heater about the results. Dr. Heater told plaintiff that although there was no previous mammogram for comparison, everything looked "fine."
The report sent from Chapel Hill Radiology to Dr. Jones noted that the mammogram revealed a mild tissue asymmetry in the left breast. Dr. Heater's report stated that " f a palpable lesion is present, decision to biopsy should be based on clinical criteria." Dr. Heater further recommended a follow-up mammogram in six months.
Upon his receipt of Dr. Heater's report, Dr. Jones called plaintiff and told her that everything looked fine, but that he would like her to come back in six months for another mammogram. At trial Dr. Jones admitted that he did not fully understand Dr. Heater's report and that he believed that the language " f a palpable lesion is present" meant that if he felt a lesion, a biopsy should be performed. Although Dr. Jones asked plaintiff to return in six months, no follow-up appointment was scheduled, nor did Dr. Jones' office send plaintiff a reminder.
Plaintiff next returned to see Dr. Jones on 16 August 1989. On this occasion, Dr. Jones noticed a mass in p
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