Date: 08-03-2012

Case Style: Corey Chappell v. Norman Regional Health System-Moore Medical Center Auxiliary

Case Number: CJ-2012-643

Judge: Lori Wakley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Corey Chappell, pro se

Defendant's Attorney: Glenn D. Huff and Gregg J. Lytle, Foliart, Huff, Ottaway & Bottom, P.C., Oklahoma City, Oklahoma for Norman Regional Hospital Authority

Description: COMES NOW the Plaintiff and for cause of action against the Defendants alleges and states as follows:

JURISDICflON AND VENUE

1. This Court has personal and subject matter jurisdiction over this case and controversy pursuant to OkIa. Stat. tit. 12, 2004(F).

2. Venue is appropriate in this Court pursuant to Okia. Stat. tit. 12, § 134, 139, 143, 154.

PARTIES

3. Corey Chappell is and was at all times material hereto a resident of the State of Oklahoma, residing in Cleveland County.

4. Defendant Norman Regional Health System-Moore Medical Center Auxiliary, Inc. (hereinafter referred to as Moore Medical Center) is and was at all times material hereto an Oklahoma corporation, duly organized and existing by virtue of the laws of the State of Oklahoma, doing business as Moore Medical Center with its principal place of business being located at 700 South Telephone Road, Moore, Oklahoma in Cleveland County.

5. Defendant Richard Myers, D.O. is and was at all times material hereto a resident of the State of Oklahoma, residing at 5205W 164th Street, Oklahoma City, Oklahoma in Cleveland County.

6. Defendant Richard L Myers, D.O., P.C. is and was at all times material hereto an Oklahoma corporation, duly organized and existing by virtue of the laws of the State of Oklahoma.

7. Defendant John Doe represents any party who may be made a proper Defendant to this action who, at the time of filing, is unknown to the Plaintiff, including but not limited to, the individual nurse that rendered treatment and care to Corey Chappell.

FIRST CAUSE OF ACTION

8. Plaintiff, for causes of action against all Defendants, restate and adopt all of the allegations of Paragraphs 1-7, as if fully set forth herein, and further state as follows:

9. On November 16, 2011, Corey Chappell was submitted for treatment and care to the Department of Emergency Medicine at Moore Medical Center for unbearable pain in his abdomen and groin originating from kidney stones, an injury, thereby creating a hospital-patient relationship between Moore Medical Center and Corey Chappell.

10. At all material times Moore Medical Center had a duty to exercise ordinary care and attention in proportion to Corey Chappell’s injury, supervise the care rendered to Corey Chappell by hospital employees, and use reasonable care when providing Corey Chappell with a nurse or physician.

11. Richard Myers, D.O. tended Corey Chappell’s injury, thereby creating a physician- patient relationship between Dr. Myers and Corey Chappell.

12. At all times material, Dr. Myers was a licensed practicing osteopathic physician practicing in the field of emergency medicine and doing business as Richard L Myers, D.O., P.C.

13. At all times material, Dr. Myers owed Corey Chappell the duty of reasonable care in treating his injuries and supervising tending nurses in the delivery of health-care services.

14. Nurse John Doe owed Corey Chappell the duty of reasonable care in tending to Corey Chappell’s injuries.

15. John Doe, acting within the scope and authority of employment and at the direction, instruction and supervision of Dr. Myers and Moore Medical Center, failed to provide Corey Chappell with a pain relieving medication, of any kind, for over three-and-one-half hours and failed to provide Corey Chappell with a pain relieving medication of the appropriate strength for his injuries for just under four hours.

16. Moore Medical Center breached its duty by failing to exercise ordinary care and attention in proportion to Corey Chappell’s injury, failing to supervise the care rendered to Corey Chappell by hospital employees, and failing to use reasonable care when providing Corey Chappell with nurse John Doe and Dr. Myers.

17. Dr. Myers breached his duty by failing to exercise ordinary care and attention in proportion to the treat of Corey Chappell’s injuries by negligent waiting to begin treatment for over three-and-one-half-hours.

18. On November 17, 2011, as a direct and proximate cause of all Defendants’ combined and concurring negligent treatment, Corey Chappell began suffering from reoccurring nightmares of being denied assistance in an emergency.

19. On December 5, 2011, as a direct and proximate cause of all Defendants’ combined and concurring negligent treatment Corey Chappell began suffering unexplainable pain in his abdominal area, in the same location as his injuries, for which there is no medical explanation and which has been attributed to the mental damage he sustained while attempting to receive treatment at Moore Medical Center on November 16, 2011.

20. The injuries sustained by Corey Chappell do not ordinarily occur under the circumstances in the absence of negligence.

21. As a result of all Defendants’ combined and concurring negligent treatment, Corey Chappell has and will suffer permanent physical pain and suffering, mental pain and suffering, physical impairment, impairment of future earning capacity, and future medical expenses.

22. As a result of all Defendants’ combined and concurring negligent treatment, Corey Chappell has and will suffer damages in an amount in excess of $10,000.00.

SECOND CAUSE OF ACtiON

23. Plaintiff, for causes of action against all Defendants, restate and adopt all of the allegations of Paragraphs 1-22, as if fully set forth herein, and further state as follows:

24. On November 16, 2011, upon arriving at the Department of Emergency Medicine at Moore Medical Center Corey Chappell was met at the door with a wheelchair due to the fact that he was collapsing from the pain caused by his injuries.

25. While getting into the wheelchair Corey Chappell was kneeling on the ground and was asked to sign contractual obligations to pay for medical treatment, at which time he was able only to partly scribble his signature due to his injuries.

26. While signing said obligations Corey Chappell was asked a series of questions regarding his current employment and financial situation, at which time he responded by stating that he was an unemployed full time college student who was covered on his parents medical insurance.

27. Corey Chappell was then immediately taken by wheelchair to an examination an treatment room in the Department of Emergency Medicine at Moore Medical Center where nurse John Doe was waiting with further questions regarding Mr. Chappell’s injuries and previous medical history.

28. In response to nurse John Does questioning, Corey Chappell informed her that he did have an Advanced Medical Directive which needed to be, from that moment on, considered in-effect due to his inability to reason or make sound decisions based on the excruciating level of pain his injuries were causing.

29. Nurse John Doe rejected Corey Chappell’s request and insisted that it was “not necessary”.

30. At, or about, that time Dr. Myers entered the examination room and proceeded to examine Corey Chappell and asked a series of questions related to pain level and areas affected by his injuries, at which time he diagnosed Corey Chappell with kidney stones.

31. Dr. Myers then left the examination room, re-entering roughly every forty-five minutes.

32. Each time Dr. Myers was in the examination room Corey Chappell reiterated that he had never been in so much pain in his life and thought that he was going to die.

33. At some point, currently unknown to the Plaintiff, nurse John Doe asked him if he was becoming suicidal, intentionally inflicting additional emotional distress on Plaintiff.

34. After three-and-one-half hours Plaintiffs parents, Mark and LaDonna Chappell, arrived at the Department of Emergency Medicine at Moore Medical Center and were escorted back to Corey Chappell’s examination room.

35. Mark and LaDonna Chappell were then asked for their medical insurance information by unknown staff members of Moore Medical Center.

36. Corey Chappell then informed his parents that the pain had reached a level where he thought it would have hurt less had he been shot.

37. Mark Chappell then found nurse John Doe and asked for provide Corey Chappell to be provided with a pain relieving medication due to his son’s extreme level of pain, to which nurse John Doe agreed.

38. After approximately fifteen minutes with no treatment Mark Chappell located Dr. Myers and made the same request, to which Dr. Myers agreed.

39. After approximately fifteen additional minutes with no treatment, Mark Chappell again found Dr. Myers and made the request for pain relieving medication for a third time.

40. Within a few moments of this request the Department of Emergency Medicine at Moore Medical Center verified that Corey Chappell had Medical insurance Coverage.

41. Corey Chappell was then immediately given a non-narcotic muscle relaxer, not commonly used for the treatment of severe pain, and was taken down the hall for a Computed Tomography (CT) scan.

42. Upon re-entering the examination room approximately five minutes later, Corey Chappell informed nurse John Doe that the non-narcotic muscle relaxer was not helping relieve the pain he was experiencing and again Corey Chappell requested a pain relieving medication.

43. Approximately five minutes later Mark Chappell again located Dr. Myers and insisted that he provide Corey Chappell with a pain relieving medication appropriate to reduce the level of pain which Corey Chappell was experiencing, to which Dr. Myers again agreed.

44. Nurse John Doe then provided Corey Chappell with a narcotic pain reliever of the capacity to relieve the pain caused by his injuries.

45. Corey Chappell had been in the examination room and under the care of Dr. Myers, nurse John Doe and Moore Medical Center for just under four hours when this treatment was finally provided.

46. The actions of Dr. Myers and nurse John Doe to delay treatment for an unreasonable amount of time were intended to unjustifiably upset Corey Chappell.

47. The conduct of Dr. Myers and nurse John Doe was outrageous under the circumstances.

48. Corey Chappell suffered actual and severe mental distress as a direct result of the intentional infliction of emotional distress caused by Dr. Myers and nurse John Doe.

49. Corey Chappell would not have suffered such mental distress had Dr. Myers and nurse John Doe not acted to intentionally inflict emotional distress on the Plaintiff.

50. Various statements made by Dr. Myers and nurse John Doe, such as those in paragraph 33 above, further added to the intentional infliction of emotional distress.

51. Nurse John Doe was under the supervision, and acting in accordance to instruction received from Dr. Myers at the time treatment was unnecessarily delayed and that such statements were made.

52. As a result of Dr. Myers and nurse John Doe’s intentional infliction of emotional distress Corey Chappell has suffered damages in an amount in excess of $10,000.00.

53. A civil action for intentional infliction of emotional distress exists at common law and is a claim on which relief can be granted.

THIRD CAUSE OF ACTION

54. Plaintiff, for causes of action against all Defendants, restate and adopt all of the allegations of Paragraphs 1-53, as if fully set forth herein, and further state as follows:

55. At all material times Corey Chappell was unable to enter into a legally binding contract on November 16, 2011, due first to his altered mental state due to pain caused by his injury, and then by the narcotic pain reliever which was administered to him.

56. At no time on November 16, 2011, did Corey Chappell provide any of the Defendants with any type of consideration.

57. At no time on November 16, 2011, did Corey Chappell promise to pay the Defendants any amount greater than would be covered by his medical insurance.

58. There can be no legally binding contract without an exchange of consideration and mentally competent parties.

59. Any services or treatment that Corey Chappell received from the Defendants on November 16, 2011, were negligently provided, therefore voiding any contractual agreement or right to payment which may or may not have existed.

60. In November, 2011, Moore Medical Center was made aware of the negligent treatment Corey Chappell received.

61. In November, 2011, Moore Medical Center was informed that there was no contractual obligation with Corey Chappell.

62. Moore Medical Center collected an amount greater than $5,000.00 from a medical insurance provider with whom Corey Chappell was a listed insured policy holder.

63. Between November 17, 2011 and approximately April 15, 2012 Moore Medical Center attempted to collect over $2,000.00 from Corey Chappell under the pretense that a contractual obligation existed.

64. Corey Chappell was threatened with defamatory information appearing on his credit reports if he failed to pay the amount sought by Moore Medical Center.

65. In April of 2012 Debbie Oliphant, Patient Liaison for Norman Regional Health Systems, concluded an investigation regarding the negligence at Moore Medical Center on November 16, 2011.

66. In a phone call in April 2012 Ms. Oliphant informed Corey Chappell that the actions he experienced on November 16, 2011 were indeed below the standard of care that was set for Moore Medical Center, that those involved had been informed that this was below expectations and that no further action would be taken.

67. Moore Medical Center continued to attempt to collect a false debt after said phone call.

68. Reasonable effort was not used by the Defendants to perform duties or to exercise the discretion in good faith that would be required for there to be a contract under the principle of Mutuality of Obligation.

69. Defendants conferred on Corey Chappell physical and mental harm and distress in a greater magnitude than was produced by the benefits of treatment, thereby voiding any contract that may be assumed under the doctrine of Quasi Contract.

70. Since no contract exist under any standing doctrine, the Defendants collection attempts violate the Statute of Frauds.

71. The Defendants have committed Fraud against Corey Chappell which has caused him mental distress and has caused damages in an amount in excess of $io,ooo.oo.

FOURTH CAUSE OF ACTION

72. Plaintiff, for causes of action against all Defendants, restate and adopt all of the allegations of Paragraphs 1-71, as if fully set forth herein, and further state as follows:

73. The amount the Defendants claim as a debt is far beyond what a reasonable person would consider appropriate for the services received and the manner in which those services were received.

74. Moore Medical Center received an application for financial aid for Corey Chappell in early 2012.

75. The financial aid application shows that, at the time, Corey Chappell was unemployed, had no physical assets and had a total of $12.00 (twelve dollars) in his bank account.

76. Moore Medical Center denied Corey Chappell’s application for financial aid sometime between January 1, 2012 and April 1, 2012.

77. Moore Medical Center stated that the reason for denying Corey Chappell’s financial aid application was that his parents could be made to pay his bill.

78. Defendants have stated that they intend to defame Corey Chappell unless payment is made.

79. Defendants have received money on behalf of Corey Chappell as a result of their threats, thereby extorting Corey Chappell.

80. The extortion has caused Corey Chappell Physical, Mental and finandal harm that would not have occurred under normal circumstances without the extortion being present.

81. As a result of Defendants ongoing extortion Corey Chappell has and will suffer damages in an amount in excess of $10,000.00

82. A civil action for extortion exists at common law and is a claim on which relief can be granted.

FIFTH CAUSE OF ACtION

83. Plaintiff, for causes of action against all Defendants, restate and adopt all of the allegations of Paragraphs 1-82, as if fully set forth herein, and further state as follows:

84. Punitive damages for Corey Chappell are sought in an amount in excess of $10,000.00.

PRAYER

WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in excess of $10,000.00 with regards to the negligence, an amount in excess of $10,000.00 with regards to the intentional infliction of emotional distress, an amount in excess of $10,000.00 with regards to the fraud, an amount in excess of $10,000.00 with regards to the extortion and punitive damages in an amount in excess of $10,000.00, with interest at the statutory rate to begin accruing from the date of Judgment until the Judgment is paid in full as authorized by 12 O.S. § 727, all court costs, and such other and further relief as to this Court may seem equitable, just, and proper.

DEFENDANT NORMAN REGIONAL HEALTH SYSTEM’S SPECIAL APPEARANCE AND MOTION TO DISMISS

COMES NOW Defendant, Norman Regional Health System, appearing specially through Glen D. Huff and Gregg J. Lytle, and requests this Court dismiss the claims asserted in the above styled cause. Defendant explicitly qualifies this special appearance and reserves all defenses available per 12 O.S, § 2012(B). In support of this motion, Defendant submits the following.

BRIEF IN SUPPORT

120.S. §19 REQUIRES THE DISMISSAL OF THIS ACTION

Plaintiff has filed this action against Norman Regional Health System, Dr. Richard Myers and John Doe, alleging that the Defendants treatment of the Plaintiff constituted medical negligence. See Petition, attached hereto as Exhibit A. Plaintiff alleges that the care he received at Moore Medical Center deviated from the standard of care. See Exhibit A. There is no question that Plaintiffs allegations seek recovery for alleged professional negligence, making 12 O.S. §19 applicable to this matter. 12 O.S. §19 has been in effect since November 1, 2009. Plaintiffs Petition, filed on April 30, 2012, is clearly subject to the rules set forth in § 19. However, Plaintiffs Petition fails to comply with Oklahoma law regarding suits for professional negligence.

Pursuant to 12 O.S. § 19, any Petition for professional negligence must include an affidavit from a qualified expert. Specifically, the statute provides:

1. In any civil action for professional negligence, except as provided in subsection B of this section, the plaintiff shall attach to the petition an affidavit attesting that:

a. the plaintiff has consulted and reviewed the facts of the claim with a qualified expert,

b. the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the determination of the expert that, based upon a review of the available material including, but not limited to, applicable medical records, facts or other relevant material, a reasonable interpretation of the facts supports a finding that the acts or omissions of the defendant against whom the action is brought constituted professional negligence, and

c. on the basis of the review and consultation of the qualified expert, the plaintiff has concluded that the claim is meritorious and based on good cause.

2. If the civil action for professional negligence is filed:

a. without an affidavit being attachedto the petition, as required in paragraph 1 of this subsection, and

b. no extension of time is subsequently granted by the court, pursuant to subsection B of this section, the court shall, upon motion of the defendant, dismiss the action without prejudice to its refihing. (emphasis added).

In this matter, the Plaintiffs Petition filed on April 30, 2012, did not include an affidavit of merit. Further, Plaintiff has not sought relief from this Court for an extension of time to produce the affidavit of merit under subsection B of 12 O.S. § 19. Plaintiff has failed to include the required affidavit of merit and therefore his case should be dismissed without prejudice in accordance with Oklahoma law.

CONCLUSION

For the above reasons Defendant, Norman Regional Health System, requests this Honorable Court dismiss the instant action without prejudice to future refiling.

Outcome: Comes now the plaintiff and dismisses this litigation WITH PREJUDICE toward the bringing of any future litigation against the defendants, Richard Myers, D.O., an individual; and Richard L. Myers, D.C., P.C., an Oklahoma corporation, or any of their agents or employees.

The Court found that Plaintiff did not file affidavit required by statute and ordered that he file the affidavit or the matter would be dismissed.

Plaintiff's Experts:

Defendant's Experts:

Comments: