 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Siliezar v. East Jefferson General Hospital1/11/2005
AFFIRMED
The plaintiff in this medical malpractice suit has appealed the trial court judgment in favor of the defendants. For the reasons that follow, we affirm.
FACTS
The plaintiff, Bertha Siliezar, presented to the emergency room at East Jefferson General Hospital on November 25, 1998 with complaints of pain in her right thumb and index finger. The emergency room record indicates the pain had been present over the past couple of weeks and that it was related to her job of handling glassware at a restaurant. The physical examination showed redness and swelling at the interphalangeal joint of the thumb and pain with movement. The index finger was found to be normal. Ms. Siliezar's thumb was placed in a splint and she was instructed to follow up with the defendant, Dr. Joseph Tamimie.
Ms. Siliezar was examined by Dr. Tamimie on December 2, 1998. He noted limited range of motion of her thumb with pain. Dr. Tamimie diagnosed a sprain of the right thumb with stenosing tenosynovitis. He prescribed anti-inflammatory medication and told her to return in one week. He instructed her to continue wearing the splint. When Ms. Siliezar returned to Dr. Tamimie's office on December 9, 1998, Dr. Tamimie noted that Ms. Siliezar was "not any better." He performed surgery on her thumb to release the pulley and remove a fibrous overgrowth in an effort to allow the thumb to move more freely.
Following this surgery, Ms. Siliezar continued to suffer from pain and limited range of motion in her thumb. Dr. Tamimie referred Ms. Siliezar to a hand specialist, Dr. Eric George. Dr. George opined that the cause of Ms. Siliezar's continued pain was scar tissue in the area of the previous surgery and performed a second surgery on Ms. Siliezar in February 1999. Ms. Siliezar was treated by Dr. George for several months following this surgery and was found to have reached maximum medical improvement on June 3, 1999. At this time, Ms. Siliezar was found to have 10% impairment of the hand as a result of the limited motion of her thumb and fingers.
Ms. Siliezar instituted a medical malpractice lawsuit against Dr. Tamimie and the clinic where Dr. Tamamie practices, Occupational Medicine Clinic at East Jefferson General Hospital, (hereinafter referred to as the clinic). The matter proceeded to trial in front of a judge. During the trial, the plaintiff argued that the defendants breached the standard of care by failing to obtain written consent for the surgical procedure and by performing a surgical procedure when more conservative treatment was indicated. At the conclusion of trial, the judge took the matter under advisement. The trial judge then rendered judgment finding the plaintiff failed to sustain her burden of proof that the defendants were liable to her for damages as a result of the surgery performed by Dr. Tamimie.
LAW AND DISCUSSION
On appeal, plaintiff contends the trial court erred as a matter of law in finding that plaintiff failed to meet her burden of proof in spite of an admission by appellees that they breached hospital policy by failing to obtain written consent before surgery. Plaintiff argues that because the trial court committed an error of law, she is entitled to a de novo review. In the alternative, plaintiff argues that the trial court erred in finding that appellant failed to meet her burden of proof as Dr. Tamimie's version of an alleged verbal consent is inadequate as a matter of law.
At the outset, we reject plaintiff's contention that she is entitled to a de novo review. LSA R.S. 9:2794 sets forth the burden of proof in a medical malpractice action. This statute provides that a plaintiff has the burden
Page 1 2 3 4 5 6 7 8 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|