โ Scribed by John C. West
No coin nor oath required. For personal study only.
Joann Abshure consulted her primary care physician because she was experiencing bloating and changes in her bowel habits. She had a history of colon and pancreatic cancer. Her physician recommended that she undergo a colonoscopy. Ms. Abshure underwent a colonoscopy on May 2, 2001, performed by Dr. Jeremiah Upshaw. Dr. Upshaw reported that he used a pediatric colonoscope and encountered an extremely tortuous colon with evidence of adhesions, which made the procedure difficult.
Ms. Abshure experienced problems following the procedure, including soreness in her abdomen, and diarrhea followed by constipation. On May 6, 2001, while attempting to have a bowel movement, Ms. Abshure felt a "popping" sensation in her abdomen. When her abdominal pain continued to intensify, her husband called an ambulance and had her transported to Methodist Healthcare Memphis Hospitals ("Methodist"). She was seen in the emergency department (ED) by Dr. Luther Ogle III. She related that she had a colonoscopy and told him about the popping sensation. Dr. Ogle ordered lab work, acute abdominal x-rays, and a CT scan of Ms. Abshure's abdomen. The lab tests and the abdominal films indicated that pancreatitis was unlikely and did not reveal intraperitoneal air. Dr. Ogle ordered a series of enemas. However, when the CT was read, it indicated free intraperitoneal area and fluid, but by this time Ms. Abshure had already had three enemas and had had a fecal impaction removed.
Ms. Abshure was taken to surgery and a colostomy was performed. While she was in the ICU postoperatively, she developed sepsis and adult respiratory distress syndrome. The colostomy incision was closed on May 30, 2001, and she was discharged on May 31, 2001.
Ms. Abshure brought suit against Drs. Upshaw and Ogle, as well as Methodist. She dismissed the suit in its entirety on August 28, 2002. On June 23, 2003, she refiled the suit against the same parties. Drs. Upshaw and Ogle filed motions for summary judgment, but Ms. Abshure dismissed them from the litigation before the motions could be heard.
On May 28, 2008, nearly 3 years after the dismissal of the two physicians, Methodist moved for dismissal or summary judgment on the grounds that it could be held liable only on a vicarious basis for the actions of Dr. Ogle, but that his dismissal extinguished Methodist's potential liability by operation of
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