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Moreno v. M.V.7/14/2005
This is an appeal from the granting of a directed verdict against Appellant, Archie Moreno, in favor of all defendants below. Suit was originally filed by Appellant against Appellees seeking damages related to the medical treatment received by Appellant at Columbia Medical Center-East, as provided by Appellee physicians. Appellant presented himself to the emergency room at Columbia Medical Center-East suffering from abdominal pain. The Appellee physicians provided an initial evaluation and subsequent care. Appellant ultimately underwent abdominal surgery and was diagnosed with a ruptured appendix. Appellant claims that he suffered complications related to the delay in the diagnosis of appendicitis and delay in surgery, for which he sued. After Appellant completed the presentation of his evidence, all Appellees moved for a directed verdict in favor of each Appellee. The trial court granted each Appellee's motion. Appellant appealed the granting of the directed verdicts against the Appellee doctors only. For the reasons stated, we affirm the judgment of the trial court.
I. SUMMARY OF THE EVIDENCE
In his Fourth Amended Petition filed March 5, 1998, Appellant herein filed suit against Columbia Medical Center-East, Murray Vann, M.D. and Ascencion Mena, M.D., complaining about the medical care he had received at the defendant hospital and provided by the defendant physicians. On August 25, 2003, the parties proceeded to trial before a jury. After the plaintiff's case-in-chief, each defendant moved for a directed verdict on the claims asserted by the plaintiff. The trial court granted the directed verdicts and entered a judgment in favor of each defendant below.
Appellant appeals only from the judgments entered in favor of the physician defendants and has presented us with a limited record on appeal. Appellant raises two issues complaining that the "trial court erred in granting Appellees' Motion for Directed Verdict because the evidence raised fact issues as to a breach of the standard of care" and contending that "the trial court erred in granting Appellees' Motion for Directed Verdict as a material fact issue exists as to causation" as to both Appellees. We note that Appellant has come forward with a reporter's record that presents only the testimony of Appellant's physician expert witness, Dr. Terry Simpson, and the post-trial motions. The only exhibit included in the reporter's record is Dr. Simpson's curriculum vitae. Similarly, Appellant only requested that a partial clerk's record be included on appeal.
The substantive facts are not disputed by the parties. Appellant arrived at the emergency room at Columbia Medical Center-East on the evening of April 16, 1995 complaining of abdominal pain, nausea, and vomiting. Appellee, Ascencion Mena, M.D. (Dr. Mena) was the first physician in the emergency room to have contact with Appellant. Appellant had a history of kidney stones and presented symptoms consistent with a kidney stone. Dr. Mena ordered an extensive workup of Appellant's complaints that included tests that evaluated other potential problems as well. Appellant's expert witness testified that the tests ordered by Dr. Mena were appropriate and the examination performed by Dr. Mena was thorough. After completion of the examination, Dr. Mena recommended that Appellant be admitted to the hospital and referred him to the care of Dr. Murray Vann (Dr. Vann), a urologist who specializes in the treatment of kidney stones. Appellant's expert testified that this decision was appropriate. Appellant's expert's criticism of the treatment provided by Dr. Mena "simply is that he didn't consult the general surgeon when he had a patient that came in with a constellation
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