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Lloyd Noland Hospital v. Durham1/7/2005
Lloyd Noland Hospital ("the Hospital") appeals from the denial of its motion for a new trial, following a judgment entered on a jury verdict in favor of Janann Durham, in Durham's medical-malpractice action against the Hospital and the denial of its motion to alter or amend the judgment as to the payment of future damages. We affirm.
On May 29, 1996, Durham was admitted to the Hospital on the orders of Dr. John Edwards, her gynecologist and primary surgeon, to undergo two surgical procedures during one operation: (1) a "total vaginal hysterectomy and anterior colporrhaphy" ("the first procedure"), and (2) a "RAZ retropubic suspension" ("the second procedure"). Her specific admission orders were handwritten by Dr. George McGrady, Dr. Edwards's partner. Dr. McGrady and Dr. Edwards were partners in the "Henderson & Walton Obstetrical Gynecological Group" ("the Group"), which, pursuant to a contract with the Hospital, provided gynecological care and treatment for patients at the Hospital as "consultants."
The admission orders did not prescribe a preoperative antibiotic. The nursing staff of the Hospital included the admission orders with Durham's chart but did not place with her chart any supplementary, or "standing," orders. Consequently, Durham received no preoperative antibiotic.
Dr. Edwards and Dr. McGrady performed the first procedure; the second procedure was performed by Dr. Leon Hamrick, Jr., a urologist. After the surgery, Durham was dismissed from the Hospital. Subsequently, she developed a postoperative infection that required her to be rehospitalized and to undergo extensive treatment.
On May 27, 1998, Durham sued Dr. Edwards, Dr. Hamrick, and the Hospital. The complaint, as finally amended, alleged, in pertinent part:
"2. [Durham] ... avers that [the Hospital] breached the minimum standard of care required of it, and, hence, was negligent in one or more of the following respects, to-wit, its [nursing staff]:
"a. Negligently failed to insert the preoperative standing orders of Dr. John Edwards in [Durham's] chart;
"b. Negligently failed to follow the preoperative standing orders of Dr. John Edwards;
"c. Negligently failed to administer preoperative, prophylactic or perioperative antibiotics ordered by Dr. John Edwards;
"d. Negligently failed to properly and adequately assess and prepare [Durham] preoperatively;
"e. Negligently failed to follow a standing order concerning the plaintiff's care;
"f. Negligently cleared and allowed the plaintiff to proceed to surgery without the proper execution and documentation of Dr. John Edwards' preoperative standing orders ...."
(Emphasis added.) By a joint stipulation, Dr. Edwards and Dr. Hamrick were dismissed from the action, and the case proceeded to trial solely against the Hospital.
A jury trial began on July 7, 2003. On July 15, 2003, after the jury was charged, but before it retired to deliberate, the trial judge designated C.W. as the alternate juror, stating: "She will have to go in my office [while the jury deliberates] or somewhere or one of the conference rooms or something." The jury then deliberated for approximately an hour on July 15 and throughout the following day. On July 17, one of the jurors failed to appear for jury duty. The court was informed by the remaining jurors that the absent juror had left the state to attend a family reunion. The following discussions then transpired among the court and counsel:
"THE COURT: Well, this is something we certainly would not anticipate that somebody would take it upon themselves just to leave. Now, you have got
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