Burless v. West Virginia University Hospitals, Inc.

601 S.E.2d 85 (2004)

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Nature of the Case

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Facts

Two cases were consolidated. Burless (P) sought prenatal care. Dr. Glover sent Burless (P) to d for an ultrasound. Burless (P) signed a consent form that stated: 'I understand that the faculty physicians and resident physicians who provide treatment in the hospital are not employees of the hospital.' When she was at approximately 37 weeks she experienced elevated blood pressure and edema. Dr. Glover advised her to report to the D Emergency Department for an evaluation. After an evaluation, she was instructed to return to the High Risk Clinic, which is located on the D premises, in two days with a urine sample for testing. Burless (P) was also advised that she would receive the remainder of her prenatal care at the High Risk Clinic. She returned to the High Risk Clinic in two days. She was instructed to return in one week for further evaluation. When she returned, on February 26, 1999, she was induced into labor. Her labor was permitted to continue throughout the remainder of February 26 and until 4:00 p.m. on February 27. Doctors, residents, and nurses at D noted variable decelerations in the fetal heart rate of her unborn daughter. At 4:00 pm on February 27, the decision was made to deliver the baby via cesarean section, and such delivery was accomplished at 4:16 p.m. The child was born with an APGAR 2 score of two at one minute and six at five minutes. Soon after birth the child began to experience seizures and suffered a stroke. Burless (P) alleged that the doctors and hospital were negligent which caused severe and permanent mental, neurological, and psychological injuries to the infant. She claimed vicarious liability against D based on apparent agency. D moved for summary judgment which the circuit court granted. Burless (P) appealed. Pritt (P) arrived at D’s Emergency Department complaining of pain in her right lower abdomen. She was nine weeks pregnant and had a left ovarian cyst. She was released and was instructed to follow up at the Obstetrics and Gynecology clinic at the Physician’s Office Center (hereinafter 'POC') for her prenatal care and monitoring of her ovarian cyst. She was assigned to Dr. Aparna Kamat, a second-year resident who was supervised in treating Pritt (P) by Drs. Brita Boyd, Millard Simmons, and Leo Brancazio. Pritt (P) saw Dr. Kamat at the POC and signed an informed consent for the laparotomy and left ovarian cystectomy. All four consent forms contained the following statement: 'I understand that the faculty physicians and resident physicians who provide treatment in the hospital are not employees of the hospital.' During the surgical procedure, the cyst broke open and yellow fluid leaked into the pelvic cavity. No irrigation was performed and no antibiotics were prescribed. Pritt (P) was discharged from the hospital on September 10, 1998. On September 12, 1998, she came to the Emergency Room with severe abdominal pain. She had a massive abdominal infection, which caused premature labor. Her son was born on September 13, 1998, with severe permanent mental, neurological, and psychological injuries. Pritt (P) sued D under a theory of apparent agency and D was granted summary judgment. Pritt (P) appealed.