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Turbeville v. Wilson9/12/2005
Heard June 7, 2005
AFFIRMED
In this medical malpractice action, Mary Turbeville, as personal representative of the estate of Edward Turbeville, Sr., appeals the trial court's grant of summary judgment to Dr. Robert E. Turner, III, and partial summary judgment to Dr. Thomas Wilson. We affirm.
FACTS
On June 30, 1997, seventy-five-year-old Edwin Turbeville, Sr. (the decedent), was admitted to the hospital for hip replacement surgery. Because of the prior removal of the decedent's large intestine, he developed the post-operative complication of a small bowel obstruction after his small intestines dropped into his pelvis. Thomas Wilson, M.D., surgically removed the bowel obstruction on July 13, 1997, and inserted a Baker tube in the bowel to maintain bowel function. Dr. Wilson also inserted a nasogastric tube (NG-Tube) to aid in the removal of excess gastric fluids while the decedent recovered. Because the decedent appeared to improve and his lab work was normal, Dr. Wilson removed the NG-Tube on the morning of Friday, July 18, 1997. Thereafter, Dr. Wilson asked Leslie Stewart, M.D., a surgeon from another practice and with whom Dr. Wilson shared on-call duties, to check on the decedent throughout the weekend from the evening of July 18, 1997 until July 20, 1997.
Other physicians who saw the decedent during that time period included Robert E. Turner, III, M.D., an internist, whose partner was the decedent's primary care physician. On July 20, 1997, the decedent suffered from abdominal pain, nausea, difficulty breathing, a drop in blood pressure, and chest congestion, and Dr. Turner was the physician who was consulted the most regarding the decedent's condition. That evening, the decedent vomited gastric fluid, aspirated the vomit, and had to be placed on a ventilator. The decedent's condition continued to deteriorate, he suffered from cardiac arrest, and he died early the next morning. No autopsy was ever performed.
On July 20, 2000, Mary Turbeville (Turbeville), decedent's wife and the personal representative of decedent's estate, filed a medical malpractice action against Drs. Wilson and Turner alleging causes of action for wrongful death and for the decedent's unnecessary pain and suffering. Turbeville alleged that Dr. Wilson was negligent in the performance of a surgical procedure in July 1997 to correct the decedent's bowel obstruction and vicariously liable for the negligence of Dr. Stewart during post-operative care. She also alleged Dr. Turner was negligent in his care of the decedent on the day of his death.
During discovery, Turbeville deposed expert Dr. Edward R. McLean, a board-certified general and bariatric surgeon. Dr. McLean opined that the decedent may have had a bowel obstruction with the Baker tube in place, causing a leak. However, McLean admitted that he could not actually determine from the medical records that the decedent had a leak. Dr. McLean stated that the NG-Tube should not have been removed on July 18, 1997, because the decedent had a very high gastric fluid output. He also testified that he believed the decedent died of an intra-abdominal catastrophe causing cardiorespiratory decompensation. McLean believed the death could have been prevented through abdominal x-rays, obtaining blood gasses, replacement of the NG-Tube, and a suctioning of the lungs.
Both Dr. Wilson and Dr. Turner moved for summary judgment. The trial court granted summary judgment as to the allegations against Dr. Turner and partially granted Dr. Wilson's motion for summary judgment. The court granted summary judgment as to the allegations that Dr. Wilson negligently performed the corrective bowel surgery and
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