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Walker v. Giles11/18/2005
s, the blood study showed a "shift to the left" in Walker's white blood cell, an overall increase in a patient's white blood cell count marked by an increase of immature white blood cells called "segs" but a decrease in lymphocytes. Appellants' medical experts later opined that the "shift to the left" shown by the blood study was inconsistent with an initial diagnosis of viral gastroenteritis and instead indicated that Walker had a potential bacterial abdominal infection, particularly when the results were compared to the baseline blood study results from Walker's prior pregnancy found in her office chart that were taken at approximately the same stage of gestation. Dr. Giles did not order a follow up blood study, x-rays, or an abdominal CT scan after being notified of the blood study results.
Thursday, June 21, 2001. Dr. Klein, another obstetrician at Marietta OB-GYN, came on-call at the hospital on Thursday morning, June 21st, and assumed care over Walker until Friday morning. A urinalysis done on Thursday morning showed that Walker was no longer dehydrated. Nevertheless, according to appellants' medical experts, Walker's medical chart from Thursday contained several indicators that were demonstrative of Walker's overall worsening bacterial infection, including complaints of vomiting and trends of decreasing appetite, decreasing blood pressure compared against her baseline pressure during pregnancy, and a rising pulse rate. According to Walker's husband, Walker also continued to complain of stomach pain on Thursday even with pain medication.
Appellants' medical experts opined that Walker's clinical condition on Thursday was inconsistent with a diagnosis of viral gastroenteritis because the latter condition normally shows early improvement once a patient is properly hydrated. Dr. Klein did not order a follow-up blood study or an abdominal CT scan on Thursday or early Friday morning. Nor is there evidence in the medical chart that Dr. Klein performed an abdominal examination of Walker at any time during this period.
Friday, June 22, 2001. Walker's medical chart for early Friday morning reflects a continued trend of elevated pulse rate and lowered blood pressure. Walker continued to complain to her husband about stomach pain, information which her husband says that he conveyed to Dr. Klein, who reassured him that Walker only had the "stomach flu" and would be fine "in a couple of days," and who discussed with them the decision that had been reached to discharge Walker later that morning. Appellants' medical experts contended that Walker's condition was not improving during this period based on the notations in her medical chart reflecting decreased appetite, lowered blood pressure, and a rise in pulse rate.
Dr. Gingrey became the on-call treating obstetrician at the hospital on Friday morning, June 22nd, and assumed care over Walker through the weekend. Walker's husband testified that he did not leave the hospital room on Friday morning and that he never saw Dr. Gingrey come into the room and assess Walker at any time on Friday. Although Walker's medical chart contains entries by Dr. Gingrey on Friday morning, the entries regarding Walker's condition could be read as inconsistent with previous information in the nurse notes and medical chart notations, when viewed in the light most favorable to the non-movant. Dr. Gingrey did not order a blood study or an abdominal CT scan on Friday morning. At approximately 11 a. m., Walker was discharged from the hospital under orders of Dr. Gingrey.
Upon her discharge, Walker, who was still "in a lot of pain" according to her husband, went home for approximately twelve hours. During this time, Walker's condition grew incr
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