Tuer v. McDonald

Facts

Mr. Tuer was a cardiac patient of the Appellees. His cardiac surgery was scheduled for November 9, 1992. However, prior to his scheduled surgery, he began having chest pains, so he was admitted to the hospital. Because Mr. Tuer continued having chest pains, he was given Heparin to prevent a heart attack. Heparin is an anti-coagulant, and his surgery was rescheduled for November 2, 1992 at 9:00 a.m. At that time, it was the standard procedure of the hospital and of the Appellees to discontinue Heparin 3-4 hours prior to surgery. Discontinuing the Heparin reduces the risk of excessive bleeding from a carotid artery puncture, which is one of the major risks associated with bypass surgery. According to procedure, Mr. Tuer’s Heparin was discontinued at 5:30 a.m. on the date of his surgery Mr. Tuer’s surgery was delayed 3-4 hours because the surgeon had an emergency with another patient. The doctor chose not to restart the Heparin, even though he knew the effects of the Heparin would wear off prior to Mr. Tuer’s surgery. At approximately 1:00 p.m., Mr. Tuer’s surgeon was called to the post-surgical intensive surgery unit. When the surgeon arrived, Mr. Tuer was in cardiac arrest. Mr. Tuer was taken to surgery. While he did survive the surgery, he died the next day. The Appellant brings this action on her behalf, individually and as Personal Representative of Mr. Teur’s estate. A jury subsequently ruled in favor of the Appellees. From that verdict, Ms. Tuer appeals.