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Holda v. Blankfield2/24/2005
{ } Plaintiff-appellant Mark Holda (hereinafter "appellant") appeals the trial court's jury verdict in favor of defendants-appellees. Having reviewed the arguments of the parties and the pertinent law, we hereby affirm the trial court.
I.
{ } According to the case, appellant, as executor for the estate of Mary Messner ("Mary"), filed a medical malpractice action seeking recovery for the death of Mary. Appellant's complaint was filed on July 10, 2002, and asserted negligence, wrongful death, and survivorship claims against defendants-appellees Robert Blankfield, M.D., Sabino D. Velloze, D.O., Triloc Sharma, M.D., and Cardiovascular Medicine Associates, Inc., as well as defendants University Primary Care Physicians and Touaj Taghizadeh, M.D. A case management conference was held on October 3, 2002. Expert report deadlines, final pretrial and jury trial dates were set at the case management conference. The case was later assigned to a visiting judge because of a heavy trial schedule on the docket of the original judge. The trial began on February 2, 2004 and ended on February 12, 2004 with a jury verdict in favor of defendants-appellees.
{ } According to the facts, Mary was a 67-year-old patient of family practitioner Dr. Blankfield. Mary had a long medical history significant for polio, scoliosis of the spine, elevated cholesterol, hypertension, anxiety attacks and depression. She had been under a lot of stress as a result of her children's spousal and financial problems. In addition, Mary's husband was extremely ill.
{ } Mary had an office visit with Dr. Blankfield in January 2000, in which she reported that her husband had passed away, and she was consequently upset. On April 25, 2000, Mary visited Dr. Blankfield and complained of feeling sweaty and dizzy two hours after taking her blood pressure medication. She also complained of left arm and shoulder pain. Dr. Blankfield subsequently saw Mary on May 9, 2000 and she was doing better.
{ } On December 15, 2000, at an office visit with Dr. Blankfield, Mary complained of chest pain and stated that she was depressed about her husband's death. Dr. Blankfield documented that Mary's chest pain was not associated with any shortness of breath, nausea, vomiting or sweating. Dr. Blankfield then made a referral for her to see a cardiologist. Prior to visiting with a cardiologist, Mary had two additional office visits with Dr. Blankfield. On December 22, 2000, Mary again complained of chest pain, as well as anxiety and depression. She was seen on January 22, 2001 by Dr. Blankfield for her continued anxiety.
{ } On January 30, 2001, Mary was seen in consultation by cardiologist Dr. Sharma. Dr. Sharma interpreted an EKG as essentially the same to an EKG performed in 1996.
{ } Later, on February 8, 2001, Mary presented to the offices of Dr. Sharma and Dr. Velloze for an adenosine myocardial perfusion imaging study, otherwise known as an adenosine stress test.
Adenosine is administered to patients like Mary, who are generally unable to keep up with the treadmill aspect of the stress test.
Prior to the injection of various chemicals and thereafter, nuclear images are taken of the heart. Additionally, an EKG is performed during the test in order to evaluate any changes in the heart.
{ } Dr. Sharma's partner, Dr. Velloze, interpreted Mary's adenosine stress test. Dr. Velloze is board certified in internal medicine and cardiology, cardiology subspecialties of interventional cardiology and nuclear cardiology. Dr. Velloze's interpretation of the stress test was that there was no focal area of stress induced ischemia. Dr. Velloze also found ther
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