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Alsip v. Johnson City Medical Center6/30/2005
I.
The plaintiffs sued Louis Modica, M.D. ("the defendant doctor") and others for medical malpractice allegedly associated with the death of the deceased. The alleged operative facts underpinning the malpractice claims of the plaintiffs are set forth in paragraphs nine through eleven of the complaint:
On approximately August 27, 2000, [the deceased] presented to the Emergency Room at Johnson City Medical Center with a four day history of progressive sore throat, ear ache, fever, and chills. [The deceased] was examined and treated by Dr. Mark J. Wilkinson, who released the patient to return home.
[The deceased] returned to the Emergency Department of Johnson City Medical Center with worsening symptoms on August 28, 2000, where he was again examined and treated by Dr. Wilkinson. Subsequent CT scan revealed a right peritonsillar abscess, which resulted in consultation with [the defendant doctor]. Upon information and belief, [the defendant doctor] negligently cut an artery during attempted drainage and/or aspiration of the abscess, resulting in clinically significant blood loss.
As a direct and proximate result of this blood loss and weakened condition, [the deceased's] condition became critical, and continued to worsen. Over the course of his prolonged hospital stay, he developed ARDS (Adult Respiratory Distress Syndrome), renal failure, and pneumonia, among other problems, and required incubation and eventual tracheostomy. He died in the hospital on November 3, 2000.
(Paragraph numbering in original omitted).
With respect to the defendant doctor, the plaintiffs charge the following acts of negligence:
failing to fully and appropriately evaluate [the deceased] prior to attempted drainage and/or aspiration of the abscess;
cutting, puncturing, or otherwise injuring an artery during attempted drainage and/or aspiration of the abscess;
failing to perform the attempted drainage and/or aspiration with due and reasonable care;
failing to timely diagnose the complication of significant blood loss during attempted drainage and/or aspiration;
failing to control the bleeding in a timely fashion;
failing to obtain the informed consent of the patient before attempting drainage and/or aspiration of the peritonsillar abscess;
failing to follow and/or monitor the patient at all times material herein;
failing to sufficiently and adequately chart or otherwise record the care, treatment and complications involved in his involvement with the patient;
failing to treat [the deceased] with due and reasonable care; and
deviating from and falling below the acceptable standards of professional practice applicable in this and similar communities.
(Paragraph numbering and lettering in original omitted). The complaint alleges that the defendant doctor was "the agent or apparent agent" of the defendant Medical Education Assistance Corporation ("MEAC") dba ETSU Physicians and Associates. The plaintiffs attempt to establish that MEAC is vicariously liable for the negligence of the defendant doctor.
The defendant doctor and MEAC (collectively "the defendants") filed a motion styled "Motion to Allow Access to Treating Physicians."
In the motion, they sought an order allowing their counsel to meet with and have ex parte conversations with non-party treating physicians who provided care and treatment for [the deceased] prior to his death.
The defendant doctor and MEAC alluded, in their motion, to the trial court's "previous opinion as expressed in Mary Kilian v.
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