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Robertson v. West Carroll Ambulance Service District1/26/2005
As alleged in the petition, plaintiff's medical malpractice claim for the death of his father was based upon the actions of a doctor at a hospital owned by the appellee. Plaintiff's father was taken to the hospital after an automobile accident. Prior to the accident, plaintiff's father had been examined at the same hospital by members of appellee's nursing staff. Allegations of the nursing staff's negligence were never pled by plaintiff. Upon appellee's motion for summary judgment, plaintiff conceded his claim for the doctor's post-accident negligence, but attempted to raise factual opposition based upon the pre-accident actions of the nurses. The trial court found that the transactional event concerning the nurses' actions was not before the court, and the motion for summary judgment was granted dismissing the appellee/hospital. From our review of the pleadings, we affirm the trial court's judgment.
Facts
On October 13, 1997, Billy Roy Robertson presented himself to the emergency room staff at West Carroll Memorial Hospital ("West Carroll") to have his blood pressure checked. No problems with the patient's vital signs were found. Robertson informed the nurses, however, that he had taken a sleeping pill prior to his visit, but was unable to sleep. The nurses offered an emergency room evaluation and arrangements for someone to take Robertson home. He declined both offers. Shortly after leaving the hospital, Robertson was involved in a one-car accident at approximately 11:00 p.m. Upon his striking a pole, Robertson was ejected from the vehicle and received numerous fractures. Robertson was transported back to West Carroll by the West Carroll Ambulance Service and again evaluated by the emergency room staff.
Dr. Noli Guinigundo examined Robertson after the accident and determined that he required treatment by an orthopedic specialist. Dr. Guinigundo called Dr. Douglas Liles who agreed to accept Robertson as a patient at St. Francis Medical Center in Monroe, Louisiana. Robertson was transported to Monroe by the West Carroll Ambulance Service and arrived at approximately 1:55 a.m. It is apparent that during or shortly after his arrival at the hospital, Robertson's vital signs ceased but he was successfully resuscitated. His condition deteriorated until his death on November 5, 1997.
On August 12, 1998, Robertson's son, Kenneth, filed suit individually, and on behalf of the estate of his father, against West Carroll Ambulance Service and West Carroll Volunteer Emergency Medical Services, alleging that these defendants were negligent in their transport of Robertson to St. Francis Medical Center. On May 17, 2001, Kenneth amended the suit to add Dr. Noli Guinigundo and West Carroll, for the care received by him during the "three (3) hour period" he was in the care of the defendants after the accident.
On June 22, 1998, Kenneth had also sought review of the claims against Dr. Guinigundo and West Carroll by a medical review panel which, on March 6, 2001, found no negligence on the part of either defendant for medical care before or after the accident. Thereafter, Dr. Guinigundo and West Carroll Ambulance Service were dismissed from the suit by summary judgment on January 17, 2003.
On May 6, 2004, West Carroll also sought a summary judgment on the grounds that Kenneth could not succeed in his claim because he had failed to identify any medical expert who would offer competent testimony supporting the allegations of medical malpractice of Dr. Guinigundo occurring after the accident. West Carroll also argued that because ample evidence existed to show that the hospital did not fall below the standard of care, summary judgment was appropriate. In suppor
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