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348 So.3d 176
La. Ct. App.
2022
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Background

  • July 31, 2017: plaintiff Sherry Patrick underwent prophylactic bilateral mastectomy with immediate reconstruction at St. Charles Surgical Hospital; Drs. Ordoyne, Trahan, Sullivan performed surgery; Dr. Melvin Triay was anesthesiologist.
  • Plaintiff's husband, Dr. John Patrick (board‑certified anesthesiologist), observed part of the operation as a non‑participant and attested he saw sustained intraoperative hypertension (~180/105).
  • After surgery plaintiff suffered permanent vision loss she attributed to the alleged sustained hypertension.
  • Medical Review Panel did not credit Dr. Patrick’s observation and concluded records did not show an extended period with systolic >180; plaintiff later retained Dr. Joni Maga (anesthesiologist) who opined defendants breached the standard of care based largely on Dr. Patrick’s observation.
  • Trial court denied defendants’ summary judgment (noting credibility issues are for the trier of fact), but later granted defendants’ Daubert/motion in limine to exclude Dr. Maga, finding her methodology flawed because she relied on the husband’s observations over the hospital records.
  • Court of Appeal (Fourth Circuit) granted writ, reversed exclusion, holding the trial court impermissibly made a credibility determination reserved for the trier of fact and thus abused its discretion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court properly excluded plaintiff's expert for relying on an eyewitness (husband) whose observation conflicted with medical records Trial court improperly resolved credibility dispute (husband vs. records); eyewitness account is a valid factual basis for expert opinion Expert’s methodology unreliable because it privileges the husband’s uncorroborated observation over certified hospital records; expert should be excluded Reversed: exclusion was an improper credibility determination; admissibility concern goes to the trier of fact, not gatekeeping when reasons are not patently unsound
Whether Dr. Maga (anesthesiologist) was qualified to opine on intraoperative blood‑pressure management As an anesthesiologist, Maga is qualified to opine on blood‑pressure control and related risks Defendants argued she lacked foundation to opine about surgical management decisions Trial court accepted qualifications; appellate decision did not sustain exclusion on qualification grounds

Key Cases Cited

  • Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (U.S. 1993) (trial court must assess whether expert methodology is scientifically valid)
  • State v. Foret, 628 So.2d 1116 (La. 1993) (Louisiana adoption of Daubert gatekeeping principles)
  • Lirette v. State Ins. Co., 563 So.2d 850 (La. 1990) (credibility determinations are generally for the trier of fact; expert testimony should not be excluded for credibility matters unless reasons are patently unsound)
  • Boudreaux v. Bollinger Shipyard, 197 So.3d 761 (La. App. 4 Cir. 2016) (abuse of discretion standard for evidentiary rulings)
  • Giavotella v. Mitchell, 289 So.3d 1058 (La. App. 1 Cir. 2019) (the factual basis for an expert’s opinion determines reliability)
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Case Details

Case Name: Sherry Patrick v. Center for Restorative Breast Surgery, LLC
Court Name: Louisiana Court of Appeal
Date Published: Sep 2, 2022
Citations: 348 So.3d 176; 2022-C-0550
Docket Number: 2022-C-0550
Court Abbreviation: La. Ct. App.
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