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Prabhu v. Levine6/24/1993
Per Curiam:
Linda Randolph Levine Weber (Ms. Franco) suffered
[109 Nev. 607, Page 609]
facial paralysis, hearing loss, and other injuries as a result of the surgical removal of an acoustic neuroma, a benign brain tumor that grows from the eighth cranial nerve in the left posterior region of the cranium. Ms. Franco alleged at trial that if appellant, Dr. R. D. Prabhu (Dr. Prabhu), had diagnosed the tumor when she first complained to him of her symptoms, she would not have suffered permanent damage. Ms. Franco asserts that Dr. Prabhu's failure to find the tumor increased the risk of harm from the tumor. A jury awarded Ms. Franco $1,331,900, which was reduced by forty percent due to Ms. Franco's comparative negligence. Although we are extremely sympathetic to Ms. Franco's plight, we conclude that the evidence was not sufficient to support a finding that the failure to diagnose Ms. Franco's tumor was the actual or proximate cause of her injuries or that it increased the risk that the tumor would cause permanent damage, and accordingly, we must reverse the judgment of the trial court.
Facts
Ms. Franco was a registered nurse who worked at Valley Hospital in Las Vegas, the same hospital where Dr. Prabhu worked. Ms. Franco first sought treatment from Dr. Prabhu on February 19, 1982. She complained of weakness, fatigue, dizziness, light-headedness, palpitations, occasional headaches, and of instances where she almost lost or did lose consciousness. Based on the initial consultation, Dr. Prabhu's differential diagnoses were: mitral valve prolapse, cardiac arrhythmia, hypoglycemia, or hyperthyroidism. Dr. Prabhu admitted Ms. Franco to Valley Hospital for two days of diagnostic testing on February 23 through February 25, 1982. Dr. Prabhu characterized the testing as a complete workup. However, Ms. Franco asserts that Dr. Prabhu should have, but failed to, order any type of neurological investigation.
Dr. Prabhu testified that he conducted his own neurological investigation by examining her eyes, glands, and membranes, and he found no signs of neurological disorder that would warrant further testing. Dr. Prabhu also testified that Ms. Franco did not report any signs or symptoms of acoustic neuroma, or any other neurological dysfunction, such as vision changes or hearing impairment. Therefore, he believed further neurological testing was unnecessary. However, Ms. Franco reported on the hospital admissions sheet that her vision was blurred at a distance and that she had occasional ear pain and hearing difficulties.
Dr. Prabhu found no origin for Ms. Franco's problem and diagnosed it as vasovagal attacks due to low blood pressure. Ms. Franco testified that Dr. Prabhu told her all her tests were normal and that she should reduce her caffeine intake. Dr. Prabhu testi
[109 Nev. 607, Page 610]
fied that he told her to return if the symptoms worsened, and that he suggested she see an ear, nose, and throat (ENT) specialist because he had identified a sinus problem. Ms. Franco, on the other hand, testified that Dr. Prabhu never suggested that she see another physician and, after his initial diagnosis, he never followed up on her condition. She did see an ENT specialist, Dr. George M. Hemmeter, who recommend she have an X-ray study of her inner ear, which was never done.
Over the following year, Ms. Franco's symptoms became progressively worse, and she suffered some hearing loss. In July of 1983, she saw a neurologist, Dr. Gerald Dunn (Dr. Dunn), who performed a CAT scan and diagnosed the acoustic neuroma. He referred her to a neurosurgeon, Dr. Franco Erculei (Dr. Erculei), who performed four surgeries
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