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Bush v. National Health Care of Leesville11/2/2005
Court composed of Sylvia R. Cooks, Oswald A Decuir, and Marc T. Amy, Judges. Amy, J., dissents and would grant the exception of prescription.
AFFIRMED.
STATEMENT OF THE CASE
This is a medical malpractice action. Delbert and Della Bush, individually and on behalf of their then minor child, Daniel Wayne Bush, sued Dr. Celeste Lujan-Baez and Byrd Regional Hospital in Leesville, Louisiana, alleging Dr. Lujan-Baez and Byrd Regional Hospital failed to timely diagnose and treat their son's torsioned testicle and as a result he lost a testicle. On July 25, 2000, prior to trial, Byrd Regional Hospital was dismissed on a motion for summary judgment. Dr. LujanBaez also filed a motion for summary judgment on the issue of liability. The trial court denied Dr. Lujan-Baez's motion. This court and the supreme court denied writs. Following a bench trial, the trial judge found Dr. Lujan-Baez failed to provide the appropriate standard of care to Daniel and awarded damages in the amount of $50,000.00. Dr. Lujan-Baez filed this appeal asserting the claim against Dr. LujanBaez has prescribed and the trial court erred in finding liability on the part of the doctor. For the reasons assigned below, we affirm the decision of the trial court.
STATEMENT OF THE FACTS
On July 8, 1996, Daniel Bush was working with his brother on a painting job . At about 3:30 in the afternoon, he began experiencing abdominal pain. At 5:00 p.m., he was taken by his father to the emergency room at Byrd Regional Hospital in Leesville. Dr. Celeste Lujan-Baez was the emergency room physician on duty at the time. Following an examination, Dr. Lujan-Baez diagnosed a possible testicular torsion. Nikki Anderson, the admitting nurse, testified it was also her initial impression that Daniel had a testicular torsion. Dr. Lujan-Baez ordered an ultrasound, a CBC and a urinalysis. Byrd Regional had no ultrasound technician on duty and the testimony indicated it took about thirty minutes to locate one. The ultrasound initially indicated some blood flow to the testicle, but the evidence indicated Daniel was in so much pain, the ultrasound results were not necessarily conclusive. Dr. Lujan-Baez called in Dr. Ghanta, a general surgeon, for a consult. Dr. Ghanta stated, although the ultrasound appeared normal, due to the severe abdominal pain, it was his impression Daniel may have a testicular torsion. He also testified reliance on the ultrasound results was misplaced because the ultrasound report indicated Daniel was unable to remain still during the testing. The decision was finally made at 7:30 p.m to transfer Daniel to St. Francis Cabrini in Alexandria. He arrived at St. Francis Cabrini at 8:20 p.m. and surgery was initiated at 9:35 p.m., but it was too late to save Daniel's testicle.
LAW AND DISCUSSION
Liability
We find there is substantial medical evidence to support the trial court's decision finding Dr. Lujan-Baez failed to provide the appropriate standard of care to young Daniel and as a result he lost a testicle. The acts of malpractice took place in Byrd Regional Hospital in Leesville. This parochial facility, as are many in rural Louisiana, is typically underfunded and understaffed. Byrd Regional had no ultrasound technician on duty and no urologist on staff. Dr. Lujan-Baez, the ER physician on duty, was trained as an OB-GYN, but failed to pass the OB-GYN boards. She was hired by Coastal Emergency Services, which company contracted with Byrd Regional to provide personnel for its emergency room. Dr. Lujan-Baez testified Coastal Emergency did not require its physicians to have any experience in emergency room medicine. Additionally, the only surgical experience she h
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