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plaintiffdefendantnegligencetrialtestimonymotionburden of proofmalpracticeappellant

plaintifftrialmalpracticeappellant

Related Cases

Travers v. District of Columbia, 672 A.2d 566

Facts

The appellant was treated at D.C. General Hospital for injuries from an automobile accident, which included a splenectomy. Following the surgery, he developed a blood clot above his right ankle, leading to gangrene and the partial amputation of his foot. The appellant claimed that the hospital's negligence in not administering aspirin post-surgery caused the clot and subsequent injury. He presented a medical expert to support his claim that there was a standard of care regarding aspirin administration that the hospital breached.

Appellant was treated at D.C. General Hospital for traumatic injuries resulting from an automobile accident. Doctors performed a splenectomy several days after the accident. After the splenectomy, appellant developed a blood clot above his right ankle which obstructed the flow of blood to his right foot.

Issue

Did the trial court err in granting the defendant's motion for judgment on the basis that the plaintiff failed to establish a national standard of care and failed to show that the failure to administer aspirin was the proximate cause of the injury?

The specific issue being addressed was whether the surgeon had delayed too long in administering aspirin as an anti-platelet therapy, the purpose being to ward off the formation of blood clots.

Rule

In a medical malpractice action, the plaintiff must prove the applicable standard of care, deviation from that standard, and a causal relationship between the deviation and the injury. The applicable standard is a national standard, not just a local custom.

In a medical malpractice action, the plaintiff must prove the applicable standard of care, deviation from that standard and a causal relationship between the deviation and the injury.

Analysis

The court found that the plaintiff's medical expert did not adequately establish a national standard of care regarding the administration of aspirin post-splenectomy. The expert's testimony was based on discussions with a limited number of local surgeons and lacked reference to any published medical standards or protocols. Additionally, the expert could not definitively link the failure to administer aspirin to the appellant's injury, as there were other potential causes for the blood clot.

Thus, appellant failed to establish a national medical standard in support of his position relating to the administration of aspirin after a splenectomy. This was fatal to his case because, to prevail here, he was required to establish that there was deviation from a national standard of care.

Conclusion

The court affirmed the trial court's decision, concluding that the plaintiff failed to establish both the national standard of care and proximate cause necessary to support his medical malpractice claim.

Accordingly, the decision of the trial court is Affirmed.

Who won?

District of Columbia General Hospital prevailed in the case because the court found that the plaintiff did not meet the burden of proof required to establish a national standard of care or proximate cause.

The District's position was, and is here, that the plaintiff failed to establish a national standard of care in support of his position.

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