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Murphy v. Bayhealth2/4/2005
Submitted: November 16, 2004
ORDER
Upon Defendants' Bayhealth, Inc., Robert T. Chrzanowski, M.D. and Emergency Physicians, LLP Motion for Summary Judgment. Denied.
Upon Plaintiffs' Motion to Amend Complaint. Granted.
Before the Court is a Motion for Summary Judgment filed by Bayhealth, Inc. and Plaintiffs' Motion to Amend the Complaint. From the submissions of the parties it appears that:
FACTS
This medical malpractice action was initiated on July 16, 2003. Plaintiff, Robert C. Murphy, was involved in a motor vehicle accident on July 17, 2001 and was admitted to Kent General Hospital with a potential spinal cord injury . He was treated by Dr. Yanez, a neurosurgeon at Kent General Hospital. Plaintiff was discharged from the hospital but re-presented to the Kent General Emergency Department on July 28, 2001 with complaints of back pain and was examined by Dr. Chrzanowski who consulted with Dr. Yanez. Plaintiff again presented to Kent General Hospital's emergency department on July 31, 2001 and was evaluated by Dr. Vincent Schaller. An MRI was taken during that admission which was interpreted by Defendant Dr. Caccese, a radiologist at Kent General Hospital. Plaintiff was transferred to Milford Memorial Hospital Rehabilitation Center on August 3, 2001. On August 6, 2001, a duplex scan was performed on Plaintiff which showed extensive deep venous thrombosis ("DVT") which has now caused Plaintiff permanent disability.
Plaintiffs have submitted a report from an expert, Garry Ruben, M.D., dated March 22, 2004, in which Dr. Ruben criticized the treatment Plaintiff received and asserted that "the failure to consider DVT on July 30 and 31 represents a deviation of the standard of care...." Dr. Ruben further alleged that the "symptoms and clinical findings from July 30 to August 4 were suggestive of DVT... he standard of care for the physicians caring for him during this period of time required consideration of and an appropriate evaluation for deep venous thrombophlebitis."
Between July 30 and August 4, 2001, Plaintiff was treated by a number of health professionals associated with Kent General Hospital and Milford Memorial Hospital. According to Dr. Ruben's report, Plaintiff was examined by Dr. Yanez on July 30. On July 31, Plaintiff presented to the Kent General Hospital ER complaining of pain in his left calf and was evaluated by Dr. Vincent Schaller. Plaintiff was thereafter admitted to Kent General Hospital and an MRI of the left leg was ordered. Defendant Dr. Caccese, Jr. interpreted the MRI on July 31. On August 2, 2001, Plaintiff was examined by a nurse at Kent General Hospital. On August 3, 2001, Plaintiff was discharged from Kent General Hospital and transferred to Milford Memorial Hospital Rehab Center. Dr. Ruben also avers that there was a breach of the standard of care in Plaintiff's treatment for failure to diagnose on August 4, 2001. At that time, Plaintiff was being treated at Milford Memorial Rehab Center which is also operated by Bayhealth Medical Center, Inc.
Defendant Bayhealth, Inc. argues that it is a distinct corporate entity from Bayhealth Medical Center, Inc. and that Bayhealth, Inc. is not the operating entity for Kent General Hospital. Bayhealth, Inc. therefore asserts that it should be granted summary judgment. Plaintiff has filed a Motion to Amend to Correct a Misnomer under Superior Court Civil Rule 15(a) requesting that he be allowed to replace "Bayhealth, Inc., d/b/a Kent General Hospital" with "Bayhealth Medical Center, Inc., d/b/a Kent General Hospital" in the Complaint. Plaintiff argues that Defendant Bayhealth Medical Center, Inc. should not be dismissed from this acti
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