Loading...
HomeMy WebLinkAbout96-04971 , )..... ! ~ d .... ':> \. " C C :S " ~ ~ en ~ <-. l~:: ,'\' . l-'{'- ., ~ (- 0' f":( ~ , 9: ...: - " ...J Co., 0:"\ . L' ., I 'j _._.1 L...: C' ~ ',+ t.. ,.d v; .~ l L') '. 1J\ . t' V Q'oJ 0 - ~ ~~ o ~ "\ \l- ~ ~~ ~~lt ~V~ j I , , . I , . . . I . ... I - 111 , , I I I ij , , i~ , , I , . , , , I i , , .9 , , . , I jj~ , ~i . I I , , , J ~ r;"'N If , . , 'N . , ~~~ , 'I ~S'., ~!~ :w , . ~! . ] .... 1< . I J~! , .,' . w "... . , .}fl .. .., ... '" , . elji~~l ~ I ~ S"'~ , I ~IJ , .... , ....' , ~I ~"",.,J...t'j~ : , I . I J: . . I , Ul . , . . . . 6. From Augu~1 26, 1994 through October 20, 1994, Plaintiff was a patient of Defendant Pennsylvania Neurological As.o;ociates Limited and was ellamined by and under the care and treatment of Defendant Jon L. Vickery, M.D. 7. When Plaintiff fi~1 treated with the Defendant on August 26, 1994, Plaintiff was suffering from a back injury associated with his employment which had occurred on May 27, 1992, diabetes and associated neuropathy, fasciculation in the quadriceps, diffuse hyporeflellia, severe alllliety and a 1'ell1ing tachycardia of 110-120. 8. On or about Augusl 26, 1994, at the office visit that Plaintiff had with Defendant doctor, Jon L Vickery, at the facilities of Defendant, ~nn!;ylvania Neurological Associates Limited, the following events occurred; a Defendant, Jon L Vickery, obtained an oral medical history of the Plaintiff; b. Defendant, Jon L. Vickery, conducted a medical examination of the Plaintiff; c. Defendant, Jon L Vickery, ordered the Plaintiff to slop taking the Darvocet. Elavil and Prozac medications, all of which had been prescribed by Plaintiffs prrviou." physician.,; d. Defendant, Jon L Vickery, pmlCribed the use of Xanax. Desyrel and Tylenol Extra-Sttength or Aleve in the evmt that Plaintiff encounteRd discornfOl1 or other ~ptcm... 9. On or about Seplernber 4, 19901, the Plaintiff experienced llfV~ pain, nervDU.'ll\ess. hallucinations and very pale ooIu. At that time the Plaintiff -... tran...poned to the 81011m...oorg, ~lUh)h'&llia tbpiuJ and f..IMrlfftC)' Room. 10. On Scttembtr 4, 1m," the 8k~ Enwrl"CY Room.lhe llfttm, ph~Wt, aftn ol.l1l1in, a h~ory .'If lhe Pbintiff, Ill11t\!lhat m~ syl1lphlrll5 _~ Ct~ with nam.1\: withdrawal symptoms. II. From September 4, 1994 tluough September 7. 1994, the Plaintiff continued to suffer from pain. nervousness. paleness, insollUlia and hallucinations. 12. On September 7, 1994. due to the continued symptoms that he was experiencing, the Plaintiff checked himself into the detoxification unit of the Holy Spirit Hospital. 13. The Plaintiff was treated by individuals within the detoxification unit at Holy Spirit Hospital in Camp Hill, Pennsylvania from Seplember 7 through September 10, 1994. On September 10, 1994, the Plaintiff was discharged from Holy Spirit Hospital's detoxification unit. COUNT I - l\UmICAL MALPRACTICE. NEGLIGENCE 14. Paragraphs 1 through 13 are incorporated herein by ref~nce as if fully set fonh. IS. The negligence of the Defendant. Jon L Vickery, M.D., his agents, servants and/or employees. consisted ;III~' alia of the following: a. failure to provide the degrte of care and skill ordinarily exercised in similar cases by other physicians and doctors; b. failure to eun:ise tht requisite degne of care and skill; c. failure to possess the depee and krow1edge of skill ordinarily possessed by other physicians and doctOOl; d. failure to conf()l'tll to the nqwsite stll/ldard!l of care under the circum....ancts; e. failure to propttIy diapllW and treat the untoward condition!1 which resultt\! in Plailltitrs cmtilllltd 511fferilll; f. failll1't to ph,l'ffly ~Jlamint and treat the Plaintiff on AlIgu"" 26, 1994; I. fai1Ul\': t(, P',,",y and akquately ~ise Defl'tldant Pflm.~) Ivanilt Neurological Associates Limited agents, servants or employees during the examination and treatment of Plaintiff; h. failure to exercise reasonable care in the diagnosis and treatment of Plaintifrs condition for which prompt diagnosis and treatment were critical for effective medical treatment; i. failure to exercise reasonable care in instructing Ihe Plaintiff to immediately cease taking strong narcotic drugs, without apparent concem over nunifications of Plaintiffs potential dependence or addiction upon such medication. j. failure to recognize and treat Plaintiffs deteriorating condition in the face of clinical sign.~ and sympcoms observed at the time of treatment; k. being otherwise negligent. careless and reckless as may be demon.'ltrated at trial or determined through discovery; I. negli,~ as a matter of law. 16. The ne,licence of t~ Ddendant ~nn.'Ylvania Neurological Associates Limited. its officers. doctors, nurses. alents, servants or employ~. consisted illttr alia of the following: a. plaintiff incorporalel< by ref~nce tilt acts of negligence as slated in the prrv~ piIf1lgt'llph,'; b. failure to eJlerdse R'a'illllabk care under the cirtUl1\lltlllCeS c. failUl\' to diapolie and respond in a limely manner to Plaintiffs condition; Ii neglicence"'!I I matter allaw; e. failUl\' 10 properly supenise it lJeIIU. servants or mtpIuyees. 17. Dtfendant ~'yl~mta ~lJical A~illIn l..lrnitN is ~ltl!iihk f,... lhe ne,ltlflllll\,'h and ~ ~1f its I&fllI Oeffftdant, Jon L Vicker), M.D. and it", ~..Iwr 1JC'ftl.... servants or employees. 18. The above listed negligent acts of both Defendants proximately caused Plaintiff to suffer as follows: a. Plaintiff was compelled to undergo additional treatment at the detoxification facility at Holy Spirit Hospital. such treatment causing additional pain and suffering, as well as fear and aI\lliety to the Plaintiff; b. Plaintiffs period of recovery was greatly extended and prevented Plaintiff from resuming a normal life style for substantial period of time; c. Plaintiff was forced to incur additional medical expenses; d. Plaintiff was forced to suffer the embarrassment of having to be treated at a detoxifJatioo unit at Holy Spirit Hospital which caused him substantial hwniliation and distress; WHERERlRE. Plaintiff M. James Brunner. demands damqes for medical malpractice and neglicence apinst Defendants. Jon L Vickery. M.D. and Pennsylvania NeuroJoaicaI ASlIOciates Limited. WHEREFORE. Plaintiff demands an amount in excess of $1$.000.00 apinst Defaldants. Pennsylvania, and located at 108 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 4. The averments contained in Paragraph" of Plaintiff's Complaint are denied as stated. It is admitted that at all times material hereto, and specifically as set forth in the office records of Pennsylvania Neurological Associates, Ltd., Mr. Brunner received treatment and/or care from Dr. Vickery, as well as other employees of Pennsylvania Neurological Associates, Ltd., all of whom were acting within the course and scope of their employment. In all other respects the averments set forth in Paragraph 4 of Plaintiffs' Complaint are specifically denied and proof thereof is demanded at the time of trial. S. It is admitted that at all times relevant hereto Dr. Vickery was an employee of Pennsylvania Neurological Associates, Ltd., and acting within the course and scope of his employment. 6 . 13. The averments contained in Paragraphs 6 through 13 of Plaintiff's Complaint are denied generally pursuant to and in accordance with Pa. R.C.P. No. 1029(e) and proof thereof is demanded at the time of trial. COUNT I . MEDICAL MAlPRACTICE - NEGLIGENCE 14. Paragraphs 1 through 1] of this Answer with New Maner to Plaintiff's CompUint ,1ft! incorpotattod herein by reference oiS if set forth ~ length. 1 S. The a..erments conuined in Paragraph 15 of Plaintiff's Comptaint set forth conclusions oiS ~ 10 Uatfments of fa<.1 and no FflPOI1\t' is ~uil'fd. ~hele'SS, s.1id averlneM ..,. ~ific"'ly dtonie:f and proof ther-eof is dern.mded .u the time of trial. Furthermore, the responding Defendants believe and therefore aver that at all times relevant hereto Dr. Vickery acted in accordance with the required standards of medical care. 16. The averments contained in Paragraph 16 of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. Furthermore, the responding Defendants believe and therefore aver that at all times relevant hereto Dr. Vickery as well as the other employees of Pennsylvania Neurological Associates, ltd. acted reasonably and appropriately under the circumstances. 17. The averments contained in Paragraph 17 of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and no response is required. 18. The averments contained in Paragraph 18 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof is demanded at the time of trial. WHEREFORE, the responding Defendants demand judgment in their favor and against Plaintjff. NEW MATTER By way of further answer to Plaintiff's Complaint the respond!nl Defendants offff the followinl New Matter: 19. The respondinl Defend.tnts ~Iieve and then!fore aWl' that PI.tlntiff's d.tims are bMmt in whole or in p.lrt by the "..Iipnce and/or contributory "..liama of the P1,tintiff. 4. Plaintiff's Complaint alleges that as a result of Defendants' actions, Plaintiff was admitted to the Deloxification Unit at the Holy Spirit Hospital from September 7, 1994 to September 10, 1994. S. Plaintiff's Complaint alleges that, among other things, the admission to the Detoxification Unit caused Plaintiff substantial humiliation and distress. 6. Defense counsel has subpoenaed Plaintiff's records from the Holy Spirit Hospital. 7. Holy Spirit Hospital, on advise of counsel, David W. Deluca, Esq., responded to the subpoena by providing copies of various medical records pertaining to the Plaintiff, exclusive of the records for the admission of September 7, 1994, as well as any other records of a similar nature. 8. Attorney Deluca's advice was based upon 71 P.S. 51690.108 (copy attached for the convenience of the Court). 9. 71 P.S. 51690.108 provides that medical records such as those pertaining to the admission of September 7,1994, are not subject to subpoena. 10. 71 P.S. 51690.108 further provides that under the present drcurnstances, medic~1 reconIs such as those pert;lining 10 the admission of September 7, 1994, may only bf produced or disclosed punuant ,} court ~r based upon a showina of good c,}uw. MIN. CODE ANCILLARIES and Board of Probation d .s may transf~r an offen~n . treatm~nt s~rvice to another rn~nt. Th~ decision wh her b . et ~r lro atlOn or parol~ or other ,f~rm to a sch~dul~ for reha. \Ii hat IS most consist~nt With dual and th~ saf~ty of th~ ,f tr~atm~nt shall be used lbilitation. Th~ d-pan to . . m~nt .mmendallons to the Depart. lallon and Parol~ and appro- 19 treated pursuant to this n.nded 1985. 0<<. 20. P.L 529 ary Not" .~~..Corr<<tjons" for "Bureau of Cor. leU S. Pmon. .nd R,gh" 0/ Po ~ 55 10 90. SOMn ,.... ~I attention for penod of len ct.n. ~ ",,"hlch ttme he .utfered wWn ~awal IY1T1ptoms. brcaw.r 61 Ps. OVid" lb.. aU pnsonen shall ~ .J. medical rumlnlltlOl1 within 41 quo", the ntIIbhUunmI of 1Il<lba. .lfttr ~ . . mlwon to 1M inuituttoft, ;~'llon on pan of ddrndanls (On.UIIUrt ckhbtrale lndJferrnu It,,"' rt\f'dIC-AJ nad", of pnsoners !brd~ b\t 1M- [I.hth Amrndmrnt , (l,m\t Amf'nd. ll). l'.S. U ff't f .I\"t'ltt Counl\' PI. ~~ F 'd " 1"179 . . .,. - .. tr dt"tainr-r had .lrt'.edy bc-en . mr1h.wont u q~hn'lnc parm': 1 appftaN --"'-am .nd ~ .\ .tJ J-'...... ..-~nnS\'. ("I..bllllhN pfUt.n!unl for Itf. 'n of mflhadont' rf'Clptent but If' '1llt f..lln",hi ~\ ,'->un'.. rU()f\. ,lnmlllatt'd d'tHW (\( tfT.aun('1\! . ,it'm""\.ll ill'" If''J1hmatt mtc'f .' J~...,,~ And "'~n' .ho ~lswn ,1...... .... .--~ ,:-IC" H".tmrnt h.Aif hft1t ,..,.... 'A_iii... - ..-.. ~ ,- UNCIL ON DRUG. ALCOHOL ABUSE 71 P.S. 11690,108 e by penal aulhonllc, and nut by riled melhadone fa(lht)', detainee d properly a~r1 dc-pnvatlon of lib. InterC'st. and a(lions of prison au- 'ties were 10 be- JudScd In light of klilimate ~Iate Internl!lo which would 'ty su(h depn'..iUlon but were not n- iablishcd h~ the c\'ldem:e. NorriS v. ,fram.. 585 F.2d 1183. C..\.1978. nis secllon rrqumng lhat addicts re- ceive medical detoxlf,,;,llion docs nol re- quire the eSlabli~hmtnt of methadone maintenance filClhltes al cOTTccltonal in- mtutions. 1I0lly \'. RaponC'. 476 F.5upp_ :226. D.C.1979. Official!. of Pennsylvania prison were under no uhllgallon 10 provide metha- done 10 pretrial detainee who wU ad- dictrd to heroin and. therefore. Ihe offi- cial's failure 10 provide methadone did nol lin n!5e 10 a cause or action under ,h. Civil Righ.. ACl 01 1871 (42 U.S.C.A. ~ 1983) or und.r the F.d.ra1 Constitu. tion. Id. :1 1. ReportI Contents of periodic reports required bv this Ketian should be restricted so lhat none of the substance or any medi. COlI. psychiatrIC. or counseHna inlerview j, r....ltd. 1974 Op.Auy.Gen. No. 10. ., . ~ t t t , Rel~ntlon of drll r1pta and Ubenles i A ~rson rec~iving car~ or lreatm~nl und~r the provisions of lhis f act shall retain all of his civil rights and libeni~s ~xc~pt as provided . bylaw. , 1972, Aprilt4. P.L 22t. No. 63. ~ 7. .. 'I ~ , I i 1 11690.108. Confidentiality of reconll . (a) A compl~te medical. social. occupalional. and family history , shall be obtain~d as pan of th~ diagnosis. classification and lreal. menl or a pati~nl pursuant to this act. Copi~s of all ~rtin~nl records from oth~r agencies, praclilion~rs. institutions. and medical flCiliti~s shall be obtained in ord~r to develop a complete and permanent confidential personal history for purposes of the pa. lient's treatment. (b) All pati~nt records (including all records relatillJ to any commilm~nt proceeding) pr~pared or obtained pursuant to this act, t and all information contained ther~in. shall r~main confidential. and may be disclosed only with th~ pati~nt's consent and only (i) to .. medical personnel exclusiv~ly for purposes of diagnosis and treat. ment of lhe pati~nl or (ii) 10 lOV1:mment or oth~r officials exclll' .. sh~ly for the purpose of obtaining benrfits dll~ the patienl as a I: result or his drug or alcohol abuse or drug or alcohol dqlendcnce II eXcepllhat in ~mergency medical sitUAtions wh~re lhe pati~nt's life ill is in immediat~ ~pardy. patient r<<ards IT'ay be rel~ased without l!iI lhe patient's consent to proper medical authorities solely foc the .. purpose or pro\idillJ medKaltrealment to the patient. Disclosure ,'." may be mad~ for purposes unrelated 10 such trutm~nt or benefits only upon an order of a court of cornmun pl~as after application I shoWi~~._~..~ t~~~~n. ~ermininl whether there i. ;..; ,. T1Ie ". ~ tlir 11. ILIItIe. ... ~J I" f.A&-,,1ll1ll "' - ! 353 71 P.S. 11690.108 ADMIN. CODE ANCILLARIES good cause for disclosure. the court shall weigh Ihe need for the information sought to be disclosed against the possible harm of disclosure to the person to whom such information pertains, the physician-patient relationship. and to the treatment services, and may condition disclosure of the information upon any appropria\c safeguards. No such records or information may be used to initia\c or substantiate criminal charges against a patient under any cir. cumstances. (c) All patient records and all information contained therein relating to drug or alcohol abuse or drug or alcohol dependence prepared or obtained by a private practitioner, hospital, clinic, druc rehabilitation or drug treatment center shall remain confidential and may be disclosed only with the patient's consent and only (I) to medical personnel exclusively for purposes of diagnosis and treat. ment of the patient or (ii) to government or other officials exclu- sively for the purpose of obtaining benefits due the patient as a result of his drug or alcohol abuse or drug or alcohol dependence except that in emergency medical situations where the patient's life is in immediate jeopardy, patient records may be released without the patient's consent to proper medical authorities solely for the purpose of providing medical Ireatment to the patient. t972. April 14. P.L. 221. No. 63. i 8. Ubnry Ref&lLate. R<<<>nb "31. U WES1tA W 101"c No. U6, CJoS, R<<<>nb H 37. 40, Not.. of Oed....... 1. E..... WheR. in crim,na1 ~ in ..hIch de- l._ theory ..... in part. Ib.It defenddI w.. bnnJ .....ted lor narcoIk proWom at cm&In melhlldone chroe. delmdul .... """ who b......h. hi. medlc:II record. in.o COUl1ruom .nd who .- .lOfted head 01 cltnlC. it would not be ~ '0 d"i&llow dwoo ..........y .. CfOIHoanu... c1iroc head and 10 ....- ....... l't'C<lhI. ..b",h he had wt.h htm II .b.It ....... ...n thouah deI.ndaDl __ \ended thai _h "olated atalUlllriIy _ t<<t<<d tonfhkrl1iaht" of .,.-...1..... mHKal l't'C<lhI. Com" El. 116 A.u 10\" ~1) hSupe, l. 1979 18-' 1 E.w.an 2 ....-, lieu.... pat....... record. llR coni" dm.iaI. an .mployer 01 . pall.n' in dnta lTf-aUMtt! pracram may not be lnformt'd a.\ to. \ll:hethu dw ,.t~n1 continues to parI~ in ltUIlMll''''''''''''', 1971 Up,Ally.Gen. ~ 10, C_.. of ,."...... ...,...,. requ,red l-, 11 P$,' 16'Cl106, .......14 he .....00 ell '" thai _ 01 ,he .............. '" at" """",aI. JIU'(-Iualrlc. or .""....It... inw. \~' I. tn'ft*:j W ,._.....,..~,,,.,.,_,~_."_M~".'~.~._. ._'-.._.~__.____,,___,._.,_.."_...____,__ . .. ... ,,, c.. tI"art.. ....tw.t.... ... ......... ..It__..~ .... we )54 COUNCIL ON DRUG, I 1 1690,109, Welfare (a) Drug and alcohol pose of all State welfan and economic problem. (b) Stale agencies cha grams shall take action t cy and family disintegra dependence, and treat. provided for those per financial eligibility for' from drug and alcohol (c) Persons olherwisl not be ineligible for St abuse and dependence ment and rehabilitatior bility for such assistan< alcohol abuse or depel ment and rehabilitalio, dence of such alcohol (, of Public Welfare shal health-mental rctardali or to any other appro' an appropriate examln ",ill be deemed to b available upon a ceni! tv mental health. men ~rea in which the rectO eligibility for such ass or alcohol abuse or d Ihan not be appropna accommodale the ree by the recipient in Ihe continuing eligibiht\' cause for nonpartielp, (d) Any recipient O! 10 participate in a \\\1 alcohol abuse or der lpalion only or. mnd, rehabilitahon ser\ tee IKipate until dl'\4:har; ... t1lla 71, e.......