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Dutton v. O'Connell4/26/2005
AFFIRMED
Plaintiffs, David and Rick Morales, appeal the jury verdict in favor of defendants, Dr. Ruary O'Connell and Columbia Jefferson d/b/a Elmwood Medical Center and Skilled Nursing Facility. For the reasons which follow, we affirm the jury's verdict.
STATEMENT OF THE CASE
On July 8, 1996, Sarah Dutton, a sixty-nine year old obese woman, underwent gastric bypass surgery at Elmwood Medical Center. The surgery was performed by Dr. Ruary O'Connell, a bariatric surgeon. Dutton continued to improve post-operatively and, on July 11, 1996, Dr. O'Connell transferred her to the Skilled Nursing Facility at the Elmwood Medical Center. Dr. O'Connell prepared a transfer form and orders. Dutton was transferred at 2:30 p.m. on July 11, 1996. According to Dr. O'Connell's orders, Dutton's vital signs were to be taken every four hours. Dutton's chart indicated that the first vital signs were taken at 2:30 p.m. on July 11, 1996 by Gilda Bourgeois, R.N. Bourgeois testified that at the time of admittance, she heard "crackles" in Dutton's lungs using a stethoscope. Dutton's abdomen was hard and distended and her bowel sounds were sluggish. Bourgeois did not call Dr. O'Connell at that time. Her vital signs were taken again at 4:30 p.m. and midnight. After the 4:30 p.m. exam, Bourgeois did contact Dr. O'Connell and he ordered a Fleet enema, which was administered at 7:00.
Bourgeois testified that Dutton's vitals were taken the next morning, July 12, 1996, at 8:00 a.m. At that time, she noted that Dutton's breathing was rapid and shallow with "crackles", indicating the presence of fluid in her lungs. Bourgeois again noted that her abdomen was firm and distended and her bowel sounds were sluggish. Bourgeois did not call Dr. O'Connell at that time. At 10:00 a.m., Dutton's vitals were unchanged.
At 12:00 p.m., Bourgeois found Dutton to be hyperventilating with complaints of nervousness. She calmed Dutton down and called Dr. O'Connell and left a message. Dr. O'Connell spoke to Bourgeois at 1:15 and he ordered Xanax and a complete blood count. Bourgeois administered the Xanax at 1:15 and noted that at 1:40 p.m. Dutton had calmed down. By 2:00 p.m., Dutton was resting quietly with her eyes closed.
At 3:00 p.m., Bourgeois went into Dutton's room to hang IV fluids. At that time she noted Dutton appeared to not be breathing. Bourgeois shook her shoulder and called her name. Bourgeois noted cyanosis around the mouth and noted that she was cool to the touch. Bourgeois called a code and resuscitative efforts were instituted, but were unsuccessful. Dr. O'Connell was paged and he stopped the code and pronounced Dutton dead after he arrived.
An autopsy was performed by the coroner, Dr. Roy Hemelt, who died prior to trial. According to the autopsy report, there was no direct cause of death, but notes a probable fatal ventricular arrhythmia. Dr. O'Connell noted a lethal ventricular arrhythmia as the cause of death on the death certificate. Dr. Gerald Liuzza, a pathologist, also testified that the likely cause of death was a fatal ventricular arrhythmia.
Dutton's husband, Granville Dutton, and her children, David and Rick Morales, filed a medical malpractice claim against Dr. O'Connel and Columbia Jefferson d/b/a Elmwood Medical Center and Skilled Nursing Facility. A medical review panel reviewed the matter and found that the evidence does not support the conclusion that defendants failed to meet the applicable standard of care. The panel found that there was no evidence that Dr. O'Connell failed to perform the gastric stapling procedure properly and there was no indication that there were necessary preoperative tests omitted. The panel found Dr. O
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