 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harbolt v. Attum4/29/2005
AFFIRMING
Arthur Harbolt appeals from a directed verdict and trial judgment dismissing his claim of medical malpractice against the appellee, Dr. Abdulla Attum. The Jefferson Circuit Court directed a verdict in favor of Dr. Attum at the close of Harbolt's proof based on Harbolt's failure to offer expert testimony establishing the requisite elements of his negligence claim. Harbolt argues that the matter was suitable for submission to the jury under a theory of res ipsa loquitur. Harbolt also contends that he was denied a fair trial because the court excluded opinions of his treating physician,
Dr. Brian Ganzel, that were critical of Dr. Attum. Finding no error, we affirm.
In reviewing the propriety of the entry of a directed verdict, we must evaluate the evidence in the light most favorable to the party opposing the motion. Lovins v. Napier, 814 S.W.2d 921 (Ky. 1991). Viewed from that perspective, the evidence established that Harbolt began experiencing chest pains in the summer of 2000. Tests determined that he had a blockage in his left anterior descending artery (LAD). He underwent two separate angioplasty procedures -- both of which failed to open the artery. Because he had only one artery with significant coronary disease, Harbolt's cardiologist, Dr. David Dageforde, recommended that he undergo a minimally invasive direct coronary artery bypass (MIDCAB) -- a complex bypass procedure involving a small incision on the left side of the chest performed while the heart continues to beat.
Dr. Attum is one of only a few cardiothoracic surgeons in the country who performs the MIDCAB. Dr. Attum discussed with Harbolt the advantages of the procedure over that of the sternotomy --- a traditional open heart surgical procedure. He also informed Harbolt that often in the course of the MIDCAB, it was necessary to convert to the more invasive sternotomy and that he would need to do so if he encountered any complications.
Harbolt gave Dr. Attum his consent to perform a sternotomy if necessary.
Upon commencing the MIDCAB, Dr. Attum discovered that Harbolt's vessels were intramyocardial; that is, they were deeply buried within his heart muscle. Dr. Attum testified he would not have considered the MIDCAB as a viable option for bypassing the diseased artery if pre-surgical tests had revealed this condition. Believing that he could nonetheless locate the LAD, Dr. Attum testified that he decided not convert to a sternotomy. He completed the surgery as initially planned and grafted Harbolt's mammary artery to what he believed was the LAD.
Following the surgery, Harbolt continued to experience chest pain. A catheterization two months after the MIDCAB revealed that Dr. Attum had not bypassed the LAD but instead had bypassed the second diagonal artery, a branch of the LAD. Harbolt then selected Dr. Ganzel to perform a sternotomy, using the saphenous vein to bypass the artery. Harbolt ultimately enjoyed a successful recovery.
On November 26, 2001, Harbolt filed a complaint in which he alleged that Dr. Attum "negligently and carelessly performed the operation of November 24, 2000 when he bypassed the wrong artery." He further claimed that the doctor's negligence constituted a breach of his duty to him and a "breach of the accepted standard of care." Charging that his "longterm result was compromised," Harbolt sought damages for the additional surgery that he was required to undergo as well as compensation for past and future pain and suffering and medical expenses.
Trial was scheduled to commence on November 4, 2003. In answers to interrogatories filed on March 13, 2002, Harbolt was unable to identify the expe
Page 1 2 3 4 5 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|