Summary
modifying liability apportionment from 95 percent against defendant attending physician and five percent against hospital and its employees, to 50-50 percent apportionment against the parties respectively, where both the doctor's failure to monitor the plaintiff's blood chlorine levels, and the hospital's failure to report the same to the doctor, led to late diagnosis of alkalosis
Summary of this case from I.M. v. United StatesOpinion
December 19, 1985
Appeal from the Supreme Court, Bronx County (Di Fede, J.).
Plaintiff Theresa Laub was admitted to defendant Montefiore Hospital for the surgical removal of a cancerous tumor from her sigmoid colon. Following surgery, a nasogastric suction tube was inserted through Mrs. Laub's nostril into her stomach to prevent distention of the stomach. Loss of gastric juices, a possible consequence of this procedure, occurred. Mrs. Laub experienced an imbalance of various bodily fluids. The subsequent treatment by her doctor, Philip Glotzer, and the hospital and the medical team assigned to Mrs. Laub's care, is the subject of the instant case.
The jury returned a verdict for $345,000 for Theresa Laub, reduced by stipulation to $150,000, and $5,000 for her plaintiff husband, Karl Laub. We find that the liability apportionment of 95% against Dr. Glotzer and 5% against the hospital and its employees was incorrect. Both Dr. Glotzer's failure to monitor Mrs. Laub's blood chloride level and the hospital's failure to report the same to Dr. Glotzer, led to a late diagnosis of alkalosis. Dr. Glotzer subsequently ordered intravenous administration of hydrochloric acid (HCL). Both the necessary preadministration and administration procedures were performed improperly by the medical team assigned to Mrs. Laub. This caused serious burning and damage of her wrist. The burns were a result of HCL leakage from the intravenous tube through a perforation into the subcutaneous tissue. Mrs. Laub's treatment was not properly monitored. The liability for her injuries lies equally with both the doctor and the hospital and its staff.
Concur — Kupferman, J.P., Sandler, Ross, Asch and Milonas, JJ.