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Carlos v. CNA Insurance Co.3/1/2005
AFFIRMED
This is a medical malpractice case against a physical therapist, his employer, and their insurer. The plaintiffs appeal a summary judgment dismissing their claims. We affirm.
On August 16, 2002, Chad Carlos and Angela Carlos filed a petition for damages against Bryan Soulie, River Region Rehab, L.L.C., and CNA Insurance Company, which alleges that Chad Carlos, while undergoing a regimen of physical therapy following back surgery, was re-injured while performing exercise under the supervision of physical therapist Bryan Soulie, as a result of Soulie's negligence in allowing Chad Carlos to lift weights that were too heavy.
Chad Carlos was injured in an on-the-job accident on February 9, 2001. As a result of his injury, he underwent lumbar surgery by Dr. Alexis Waguespack on two occasions, May 7, 2001 and November 7, 2001. Following the second surgery, Chad Carlos was recovering rapidly and Dr. Waguespack prescribed physical therapy. Approximately three weeks after the November 2001 surgery, Chad Carlos began attending physical therapy treatments with defendant Bryan M. Soulie, which continued thereafter as prescribed by Dr. Waguespack.
On January 18, 2002, Chad Carlos was receiving physical therapy from Bryan Soulie at River Region Rehab, L.L.C., in Luling, Louisiana. According to the petition, on that occasion Soulie informed Chad Carlos that, since he was at the end of his physical therapy treatments and ready to be released to work activity, Carlos should perform leg squats with weight. Carlos was then required to perform exercises with approximately 100 pounds. After making two attempts at the squat exercise, the petition alleges, Chad Carlos "began to experience an immediate headache as well as pain in his back and legs." He complained to Soulie and was told to lie down to rest.
According to the petition, Dr. Waguespack subsequently informed Chad Carlos that his weight-lifting limitations should have been in the range of 20 pounds. The petition alleged that Chad Carlos has not been able to work and has been told by his doctor that an additional surgery will be required in an attempt to resolve his back pain and injury. The petition asserted that as a result of the incident, he sustained serious and permanent disabling injuries, which have not resolved and which he believes to be permanent.
Finally, the petition alleged that Bryan Soulie and River Region Rehab, L.L.C., are liable for the following:
1. failing to recognize the hazard/danger of prescribing physical therapy exercises requiring lifting weights of approximately 100 pounds;
2. failing to properly monitor and evaluate the prescribed physical therapy exercises;
3. failing to perform the proper procedures in advising and assisting with the physical therapy exercises;
4. failing to follow normal and customary lifting restrictions for a person who has endured two lumbar surgeries; and
5. failing to meet the standard of care required in the given situation. Plaintiff Angela Carlos, wife of Chad Carlos, sought recovery for loss of consortium.
The defendants filed a Motion for Summary Judgment on the ground that the plaintiffs would be unable to prove any breach of the applicable standard of care because they had no expert testimony to establish such a breach, nor evidence to prove causation regardless of standard of care.
In opposition to the motion for summary judgment, the plaintiffs asserted there were genuine issues of material fact that precluded summary judgment. They argued that breach of the standard of care was established by defendant Soulie's deposition testim
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