Date: 02-10-2011

Case Style: Plez Davis v. Norman Physical Performance Center

Case Number: CJ-2006-983

Judge: Rod D. King

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Peter Jordan Ram and Regena McNeill Walsh, Oklahoma City, Oklahoma

Defendant's Attorney: Glen Douglas Huff, Sara Nicole Metheny and Denise D. Canada, Foliart, Huff, Ottaway and Bottom, Oklahoma City, Oklahoma for Norman Regional Hospital, et al.

Cody Neil Gayer and Lane O. Krieger, Oklahoma City, Oklahoma and Kevin K. Trout, Edmond, Oklahoma for Dr. Denise Rable, M.D. and McCurdy-Rable Surgical Clinic, Inc.

Gary Alan Rife and Richard Gene Stanley, Oklahoma City, Oklahoma for Dr. Robert Frantz, M.D.

Luke D. Green for Dr. James Paul Sisk, D.O.

Description: Plez Davis sued Norman Regional Hospital, Norman Regional Hospital Authority, Norman Physical Performance Center, Norman Regional Hospital Foundation, Dr. Denise Rable, M.D., McCurdy-Rable Surgical Clinic, Inc., Dr. James Paul Sisk, D.O., Dr. Robert Frantz, M.D. on medical negligence theories.

Plaintiff claimed that Norman Physical Performance Center and the Norman Regional Entities, their employee, Bruce Leach, a physical therapist, failed to take the appropriate action to insure that Mr. Davis received additional physician treatment upon his recognition that Mr. Davis' toe's condition was rapidly deteriorating. He claimed that it failure to react promptly directly lead to the amputation of Plaintiff's leg.

Plaintiff further claimed that Dr. Denise Rable failed to obtain the necessary assistance to diagnose that Mr. Davis was suffering from necrotizing faciitis and then failed to property debride, through surgical intervention, in such a fashion to allow Mr. Davis to save his leg, with the exception of the great toe.

Defendants denied all allegations of negligence and asserted that all care and treatment was appropriate and met or exceed applicable standards. Defendants further claimed that the care provided did not directly or proximately cause or contribute to any adverse outcome or any of the Plaintiff's alleged injuries and that Plaintiff caused or contributed to his own injury. Finally, Defendants claimed that any damages or injuries allegedly suffered by Plaintiff were caused or contributed to by pre-existing or post-developing unrelated physical, mental, personal or medical conditions, diseases, illness or infection of Plaintiff or were the result of unforseeable or unavoidable complications due to the underlying condition of the Plaintiff.

Dr. Rable also asserted that her care was emergeny care or followup to emergency care services provided in the emergency room and the amount of non-economic damages awarded were limited to $300,000 as provided in 63 O.S. 1-1708.1(F).

Outcome: Defendants' verdict.

Plaintiff's Experts: Dr. Merle D. Carter, M.D.

Defendant's Experts: Herbert Meites, M.D.

Comments: Editor's Note: This is another example of how difficult it is in Oklahoma for a patient who believes that he has received substandard care to prevail in a lawsuit seeking compensation for a bad health care delivery outcome.

The standard of care required of those engaging in the practice of the healing arts within the State of Oklahoma shall be measured by national standards. 76 O.S. 20.1