Nature of the Case
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Facts
Matthew Scott (P), then seventeen, sustained serious injuries as a result of a sinus infection that spread into his brain. P was involved in a car accident and was taken to D, where he was treated for minor injuries and released to his father. Two days later P returned to the emergency room, complaining of a severe headache. Dr. Doumit examined P and ordered a CT scan of P’s head. Dr. Koch, a partner in RIC, read the film and concluded that the scan was normal. P was diagnosed as having a mild concussion from the previous auto accident, was given medication for his headache, and sent home. The next day, P's headache did not improve. His parents called D three times and informed Dr. Doumit that P was lethargic, nauseous, and vomiting. Dr. Doumit said it was normal but if they became concerned to bring him back to the emergency room. The next morning, P collapsed and was rushed by ambulance to Barnes Hospital. AA spinal tap and CT scan revealed an infection at the top of his brain, and his brain was swelling inside his skull. A number of surgeries were performed to remove infected brain tissue and portions of his skull. He remained in a coma for several weeks. After undergoing skull reconstructive surgery and an extensive program of rehabilitation, P was able to achieve a considerable recovery. He also has sustained serious permanent injuries, including a significant degree of paralysis on the right side of his body, and the requirement of a permanent ventricular drainage tube in his brain. Ps filed this medical malpractice action against Ds alleging that the negligence of Dr. Doumit and Dr. Koch caused P's injuries. Ps alleged that at all relevant times Dr. Koch had been acting as an agent for D, notwithstanding the fact that he was formally employed by RIC, which had contracted to provide radiology services with D. Dr. Koch and RIC settled for $624,800. At trial, substantial evidence and the testimony of expert witnesses, including among others radiologists, an infectious disease specialist, and the neurosurgeon who treated P at Barnes, supported the allegations of medical negligence. They found that Dr. Koch was D's agent. It assessed total damages at $4,445,000, apportioned as follows: $ 80,000 for past economic damages; $500,000 for past non-economic damages; $600,000 for future medical damages; $1,265,000 for future economic damages excluding future medical damages; and $2,000,000 for future non-economic damages. The jury found that D was 25% at fault for the injuries based on the negligence of Dr. Doumit and 75% at fault based on the negligence of Dr. Koch and that Ps were 0% at fault. D appealed in part claiming that Dr. Koch was not its agent.
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