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Martasin v. Hilton Head Health System5/2/2005
Heard January 13, 2005
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
Donna C. Martasin (Mrs. Martasin) brought wrongful death and conscious pain and suffering claims against three physicians (and related corporate health care entities), alleging they committed medical malpractice in negligently failing to treat and prevent the fatal side effects of a cancer treatment administered to her husband, Edwin S. Martasin (Mr. Martasin). At trial, the circuit court entered a directed verdict in favor of all the defendants on the grounds Mrs. Martasin failed to present sufficient evidence to prove to a reasonable degree of medical certainty that the alleged negligence "most probably" caused her husband's death--the required burden of proof in such medical malpractice cases. We affirm the directed verdict as to Defendant Dr. Frank L. Hart and reverse with respect to Defendants Dr. Paul M. Long and Dr. Gary W. Thomas. Additionally, we reverse the circuit court's grant of a directed verdict on Mrs. Martasin's claim for punitive damages.
FACTS/PROCEDURAL HISTORY
Mr. Martasin's Disease and Medical Treatment
This appeal concerns the medical treatment Mr. Martasin received from the three defendant physicians (respondents here) during the time immediately after he was initially diagnosed with a form of blood cancer leukemia. The relevant undisputed facts are as follows.
On Monday, December 4, 1995, Mr. Martasin sought treatment at the emergency room of Hilton Head Hospital for persistent headaches, fever, and fatigue. Mr. Martasin was examined by Dr. Paul Long, an internal medicine specialist. After his initial examination, Dr. Long decided to admit Mr. Martasin to the hospital for further tests. Based on the initial test results, Dr. Long suspected Mr. Martasin had some form of the blood cancer leukemia. Dr. Long called in Dr. Gary Thomas, an oncologist, for consultation. Dr. Thomas examined Mr. Martasin and performed additional tests. Dr. Thomas concluded that Mr. Martasin's clinical presentation was consistent with leukemia. The doctors ordered more sophisticated blood tests to confirm the diagnosis.
On Thursday, December 7, 1995, Dr. Thomas determined that Mr. Martasin should immediately begin a course of treatment to counteract the effects of the cancer. Mr. Martasin was given a prescription for the drug Prednisone to be taken daily. Later that day, he was discharged from the hospital with instructions to return to see Dr. Thomas the following Monday, December 11th. Mr. Martasin left the hospital, filled the prescription for the Prednisone, and took the medication as instructed.
While Mr. Martasin was at home, the doctors arranged for a home health care nurse to check in on him each day. When the nurse visited on Saturday, December 9th, Mr. Martasin's condition had noticeably worsened. The nurse paged Dr. Long, who responded by telephone, speaking directly with Mrs. Martasin. Dr. Long declined to see Mr. Martasin that day, but he instructed Mrs. Martasin to take her husband back to the emergency room where Dr. Frank Hart, Dr. Long's medical practice associate, would meet them. At the hospital, Dr. Hart examined Mr. Martasin and performed blood, urine and other tests. Dr. Hart informed Mr. Martasin that the examination and laboratory test results did not indicate a change in his condition that would warrant readmitting him to the hospital. Dr. Hart instructed the Martasins to return home and to keep their appointment with Dr. Thomas scheduled for the following Monday.
When Mr. Martasin returned for his Monday appointment, Dr. Thomas found his condition had deteriorated substantially since his init
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