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Dr. Joseph Alan Corrado This is Me

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Audrain Medical Center
Mexico, Missouri

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  1. 1. Audrain Medical Center - Mexico, Missouri
    www.audrainmedicalcenter.com/p - [Cached]

    Published on: 12/13/2007   Last Visited: 12/13/2007

    Joseph Alan Corrado, M.D., F.A.C.S. Audrain Medical Center - Mexico, Missouri

    Audrain Medical Center -- Mexico, MO
    ...
    HOME -->AMC PHYSICIANS --> Dr. Corrado

    Joseph Alan Corrado, M.D., F.A.C.S.

    Surgery

    809 Medical Park Drive, Suite 103

    Mexico, MO 65265

    Phone: 573-581-3991
  2. 2. Millard v. Corrado, M.D.
    www.emtala.com/corrado.htm - [Cached]

    Published on: 12/14/1999   Last Visited: 5/23/2008

    Case Style: William Millard and Marjorie Millard, Plaintiffs/Appellants, v. Joseph A. Corrado, M.D., Defendant/Respondent.
    ...
    Plaintiffs William and Marjorie Millard appeal from the trial court's summary judgment in favor of defendant Dr. Joseph Corrado in their negligence action.Plaintiffs claim the trial court erred in concluding that they could not maintain a general negligence claim against Dr. Corrado absent a physician-patient relationship. REVERSED AND REMANDEDDivision Two holds: (1) The Millards pleaded a general negligence claim against Dr. Corrado, even in the absence of a physician-patient relationship.Public policy and the foreseeability of harm to certain patients support the recognition of a duty from Dr. Corrado to Mrs. Millard.
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    (2) Material questions of fact exist as to whether there existed a physician-patient relationship between Mrs. Millard and Dr. Corrado.
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    Plaintiffs William and Marjorie Millard appeal from the trial court's grant of summary judgment in favor of defendant Dr. Joseph Corrado in their negligence action.Plaintiffs claim the trial court erred in concluding that plaintiffs could not maintain a general negligence claim against Dr. Corrado absent a physician-patient relationship.We reverse and remand.FACTSDr. Joseph Corrado is a general surgeon with active staff privileges at Audrain Medical Center ("AMC") in Mexico, Missouri.On the morning of November 5, 1994, Dr. Corrado was preparing to attend a meeting of the Missouri chapter of the American College of Surgeons in Columbia, Missouri.Several days earlier, Dr. Corrado had filled out the "Surgeon On Call Schedule" for November.Although aware of the upcoming American College of Surgeons meeting, Dr. Corrado scheduled himself as "on call" for that day, presumably because the other two general surgeons on AMC's staff would be on vacation that day.Before leaving AMC for his meeting, Dr. Corrado asked Dr. Ben Jolly if he would cover for Dr. Corrado's calls during the four-hour period he would be out of town.Dr. Jolly agreed to "fill in" for Dr. Corrado even though his training was in orthopedic surgery and he did not have privileges to perform general surgery.Dr. Corrado then left the hospital and drove to Columbia.Dr. Corrado notified no one else at AMC that he would be out of town and would therefore be unable to provide hands-on care to emergency room patients requiring a general surgeon.
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    Dr. Corrado was paged a second time at 11:55 a.m.Again, Dr. Corrado did not respond.
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    At 12:23 p.m., Dr. Corrado called the emergency department in response to the pages and spoke with Dr. Welsh.
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    We did contact Dr. Corrado by phone.The situation was discussed and the options addressed.
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    Dr. Corrado testified that he was told that AMC had a patient with some intra-abdominal injuries and that the patient was going to be transferred to the University of Missouri Medical Center.
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    Dr. Corrado filed a Motion for Summary Judgment in which he argued that he was entitled to judgment as a matter of law because plaintiffs failed to establish a physician-patient relationship, a necessary component of a medical negligence claim.The trial court granted the motion and entered judgment in favor of Dr. Corrado.Plaintiffs appeal from the judgment.STANDARD OF REVIEW
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    Before addressing the points raised in plaintiffs' brief, we must consider Dr. Corrado's motion to strike taken with the case.Dr. Corrado moves to strike two footnotes from plaintiffs' reply brief which reference depositions taken after the trial court's entry of summary judgment.Plaintiffs concede that these footnotes refer to depositions taken after the entry of summary judgment.Because these depositions were not made part of the summary judgment record and therefore were not before the trial court, consideration of the depositions on appeal would be improper.See Hill v. Air Shields, Inc., 721 S.W.2d 112, 116 (Mo.App. E.D.1986).Accordingly, Dr. Corrado's motion is granted and we do not consider these materials in deciding the issues in this case..I. General NegligencePlaintiffs claim the trial court erred in finding that Dr. Corrado could not be held liable for general negligence because he owed no duty of care to Mrs. Millard absent a physician-patient relationship.The trial court concluded that Mrs. Millard could not submit a claim against Dr. Corrado for general negligence because "the specific acts and omissions alleged by plaintiff on the part of Carrado [sic] all necessarily involve a matter of medical science or art requiring special skills not ordinarily possessed by lay persons."
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    In this case we conclude that by application of the Hoover's Dairy factors, Dr. Corrado owed a duty of care to Mrs. Millard.
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    It was also reasonably foreseeable that AMC would be presented with a patient requiring the care of a general surgeon during Dr. Corrado's absence.
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    The risk of harm to which Mrs. Millard was exposed due to Dr. Corrado's failure to notify AMC of his unavailability was reasonably foreseeable.
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    When Dr. Corrado decided to attend the American College of Surgeons' meeting, he knew AMC would have no general surgeon "on call" during his absence.Dr. Corrado's attempt to delegate his "on call" responsibilities to Dr. Jolly, an orthopedist, was conclusively ineffective because AMC had not granted Dr. Jolly privileges to perform general surgery.
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    At the very least, Dr. Corrado's failure to notify the hospital staff of his unavailability created a false security that a general surgeon would be available to treat emergency patients requiring a general surgeon within a reasonable time at AMC.As a result of Dr. Corrado's failure to notify AMC of his absence, AMC did not radio the ambulance that it did not have a general surgeon available and valuable time was lost attempting to contact Dr. Corrado, all of which significantly delayed Mrs. Millard's receiving the care of a general surgeon.
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    Applying these principles to the present case, we hold that the public policy of Missouri and the foreseeability of harm to patients in the position of Mrs. Millard support the recognition of a duty flowing from Dr. Corrado to Mrs. Millard.
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    In reaching our conclusion, we are mindful of concerns raised by Dr. Corrado and the amici, in particular the fear that recognizing such a duty will prompt fewer physicians to accept "on call" assignments.
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    The trial court also granted defendant's Motion for Summary Judgment because it found there was no genuine issue of material fact as to whether a physician-patient relationship existed between Mrs. Millard and Dr. Corrado.
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    Corrado was not present at the hospital when Plaintiff was brought in on November 5, 1994; (2) Corrado was in Columbia, Missouri at the time, attending a Missouri College of Surgeons meeting of which he is allegedly president; (3) Corrado did not provide any care or treatment to Plaintiff the entire time she was at Audrain hospital on November 5, 1994; (4) Corrado did not provide a consultation or offer any advice or opinion as to her care and treatment while she was at Audrain Hospital, and (5) Corrado was unaware Plaintiff had been taken to Audrain Hospital until she had already been sent to the University of Missouri Hospital for further care and treatment.Plaintiffs agree with the trial court's first two statements that Dr. Corrado was not present at AMC and that he was in Columbia.However, plaintiffs contend there are numerous evidentiary facts ignored by the trial court in reaching the conclusions in the third, fourth and fifth statements contained in the footnote.On appeal, plaintiffs contend that the trial court erred because a genuine issue of material fact exists as to whether a physician-patient relationship was created because of Dr. Corrado's status as the "on call" general surgeon, AMC staff bylaws, and the conversation between Dr. Corrado and Dr. Welsh.
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    In the present case, neither party contends that Dr. Corrado provided any "hands-on" treatment to Mrs. Millard.
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    Because the trial court granted summary judgment to Dr. Corrado on the medical negligence claim on the ground that no physician-patient relationship existed, we must apply the Corbet test to determine if the evidence presented to the trial court created a genuine issue of material fact.Dr. Corrado did not address the existence of a contractual obligation to treat Mrs. Millard or other emergency patients in his motion.
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    In her response, Mrs. Millard presented evidence to support finding a contractual obligation on the part of Dr. Corrado to respond to calls within thirty minutes, as now required by 19 C.S.R. 30-20.021(3)(C)(5).
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    Q. When somebody like Dr. Corrad
  3. 3. www.audrainmedicalcenter.com
    www.audrainmedicalcenter.com/c - [Cached]

    Published on: 1/1/2006   Last Visited: 12/13/2007

    Joseph Alan Corrado, M.D., F.A.C.S.

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