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Murphy v. Bernice Community Rehabilitation Hospital10/26/2005
is the jury's function to evaluate expert opinions in relation to all the circumstances of the case. Johnston, supra; Gibson v. Bossier City General Hospital, 594 So. 2d 1332 (La. App. 2d Cir. 1991). We cannot say that the jury was manifestly erroneous in finding that Dr. Shaw did not breach the standard of care in failing to order a repeat CT scan or diagnose stoke symptoms on either March 25, 2002, or March 28, 2002.
Ms. Murphy also claims that Dr. Shaw committed malpractice in failing to detect her broken femur on March 28, 2002, when he examined her during his rounds at BCRH. Ms. Murphy contends that she broke her femur in the incident on March 27, 2002, when she was lowered to the floor after her legs gave out. Katie Smith and Tonya Stephens, two of Ms. Murphy's daughters, were present when Dr. Shaw examined their mother on March 28, 2002. Both testified that Dr. Shaw only looked at the leg and then concluded that her pain was due to arthritis. However, Dr. Shaw testified that he was told about the incident and that he examined Ms. Murphy's leg. He noted that she had a bit of effusion and pain in the knee, but that the pain and swelling were actually less than when he had last seen her. He found no bruising around the knee. He testified that he found nothing in his exam indicative of a fractured femur. Moreover, he believed it absurd that no physician would have detected a fractured femur for over six days from when the injury allegedly occurred.
No expert testified that Dr. Shaw's failure to detect the fracture or order an x-ray on March 28, 2002, breached the standard of care owed by him as a general practice physician. As explained by Dr. Mays, Ms. Murphy was a patient who had been having difficulties with ongoing knee pain from arthritis. She was not a patient who suddenly went from walking to being unable to do so after an accident. He believed that it was within the standard of care for Dr. Shaw to determine that no x-ray was needed. The record shows that Ms. Murphy had pain and swelling associated with her left knee prior to the accident, and her complaints continued after the accident. However, the record does not suggest any particular increase in complaints of pain or swelling attributable to the incident or other evidence suggestive of a broken femur as of the time of Dr. Shaw's examination on March 28, 2002. In the absence of any expert testimony that Dr. Shaw breached the standard of care in not detecting a broken femur in his examination of Ms. Murphy on March 28, 2002, we find no manifest error in the jury's verdict exonerating Dr. Shaw from fault.
Hospital Malpractice
In a malpractice action against a hospital, the mere occurrence of an injury or accident, alone, does not raise a presumption of negligence on the part of the hospital. Galloway v. Baton Rouge General Hospital, 602 So. 2d 1003 (La. 1992). Hospitals must exercise the requisite care toward a patient that the patient's condition may require. Borne v. St. Francis Medical Center, 26,940 (La. App. 2d Cir. 5/10/95), 655 So. 2d 597, 599, writ denied, 95-1403 (La. 9/15/95), 660 So. 2d 453; Hunt v. Bogalusa Community Med. Center, 303 So. 2d 745, 747 (La. 1974). This duty requires a hospital to protect the patient from dangers that may result from the patient's physical and mental incapacities as well as from external circumstances peculiarly within the hospital's control. The determination of whether the hospital breached this duty of care owed the patient depends on the facts and circumstances of each particular case. Borne, supra.
Ms. Murphy argues that BCRH's failure to follow various safety rules led to her breaking her femur and prevented discovery of the injury after the accid
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