Williams v. Hook12/26/1990
As Corrected February 1, 1991.
Rehearing February 11, 1991.
ANNIE JEAN WILLIAMS AS GUARDIAN OF CYNTHIA A. THOMAS, INCOMPETENT, AND AS GUARDIAN OF CHERIONIQUE DEANNE THOMAS AND CHARMAINE DEANNE THOMAS, MINOR CHILDREN OF CYNTHIA A. THOMAS, PLAINTIFFS/APPELLANTS,
v.
CARL HOOK, M.D.; EAR, NOSE & THROAT OF SOUTHERN OKLAHOMA, INC.; AND GARY PADDACK, M.D., DEFENDANTS/APPELLEES.
Certiorari to the Court of Appeals Division I, Ronald L. Jones, Trial Judge.
Monty L. Bratcher, Edmond, for plaintiffs/appellants.
Calvin W. Hendrickson, J. Roger Hurt, Oklahoma City, for defendants/appellees, Carl Hook, M.D., Ear, Nose & Throat of Southern Oklahoma, Inc. and Gary Paddack, M.D.
Austin Deaton, Ada, for appellee, Gary Paddack, M.D.
Kenneth R. Johnson, Lisa G. Lane, Ada, for appellee, Carl Hook, M.D., Ear, Nose & Throat of Southern Oklahoma, Inc.
CERTIORARI PREVIOUSLY GRANTED; COURT OF APPEALS OPINION VACATED; TRIAL COURT REVERSED AND REMANDED.
The first impression issue presented is whether minor children or incapacitated dependent children may maintain a cause of action for the permanent loss of parental consortium when a parent is negligently injured by a third party. We find that they may.
ALLEGED FACTS
Cynthia A. Thomas (Thomas) first sought treatment from the defendant/appellee, Carl Hook, M.D. (Hook/doctor), on January 5, 1982, for relief of sinus drainage and infection. Hook performed a septoplasty on January 18, 1982, to clear Thomas' sinus passages, and Thomas recovered from the surgery without incident. Thomas consulted Hook again in 1985, and Hook prescribed medication for nasal congestion. When Thomas came to see Hook in July of 1986, complaining of sinus congestion and headaches, Hook's examination revealed that Thomas' nasal cavity was obstructed by polyps. Thomas was scheduled for a second surgery at Valley View Regional Hospital on August 12, 1986, and the next day, Hook performed surgery to clear Thomas' sinus and nasal cavities. When she arrived in the recovery room after the surgery, she was nonresponsive, could not follow commands, and could not control her bladder. Hook transferred Thomas to the Coronary Care Unit for continual cardiac monitoring, and consulted with an internist. The next morning, results of a CT scan indicated that Thomas' skull had been pierced during surgery, and that the brain was swollen. Thomas was taken by helicopter to Baptist Medical Center.
The second surgery left Thomas with some paralysis, memory loss, difficulty in communicating, and disorientation. She lacks bladder control, and must wear diapers. She is neither mentally nor physically capable of caring for herself. At the time of the operation, Thomas was twenty-one years old, unmarried, with two children - one five and one three. Since the surgery, Thomas has been unable to relate to her daughters, and she must have twenty-four hour supervision. Because her condition is permanent, Thomas' two daughters have been left without a mother's care or supervision.
On October 28, 1986, the plaintiff/appellant, Annie Jean Williams (Williams), acting on behalf of her daughter, Thomas, filed a medical malpractice action against Hook. Williams sought recovery for her daughter's medical expenses, lost earnings, pain and suffering, and for punitive damages. Acting in her capacity as guardian of Thomas' two minor children, Williams amended the petition on June 8, 1987, to include a cause of action for the children's loss of their mother's care, guidance, t
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