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Shoemaker v. City of Shreveport2/24/1999
maker be brought to, his companion instructed the paramedics to take Shoemaker to Schumpert, which was done as rapidly as possible with flashing lights and siren. Shoemaker was unable to sign the authorization portion of the EMS report due to his confusion and the appearance of possible effects of alcohol. The EMS report is attached to Cook's affidavit.
Darin Evans recites essentially identical information in his affidavit. Evans performed a paramedic assessment of Shoemaker and concluded that Shoemaker did not meet the major trauma criteria in the Emergency Transport Policy requiring the transport of Shoemaker to the trauma center at LSU Medical Center. The EMS report, signed by Evans, is attached to Evans's affidavit.
The third affidavit submitted by Shreveport is from Dr. Ronald Lambert, the Medical Director of the EMS Department of the Shreveport Fire Department. Dr. Lambert was responsible for the development of the fire department's Advanced Life Support Protocols and the Standard Operating Procedure in effect on January 1, 1997, including the Emergency Transport Policy. The Emergency Transport Policy and the EMS report are attached to his affidavit. Dr. Lambert stated he reviewed the EMS report, and the information in the report shows that Shoemaker did not qualify under any of the six enumerated criteria for major trauma set forth in the Emergency Transport Policy mandating the transport of Shoemaker to LSU. Dr. Lambert asserted it was appropriate for the paramedics to take Shoemaker to Schumpert.
Dr. Lambert stated he also reviewed the Schumpert medical records for the treatment of Shoemaker on January 1 and 2, 1997, which apparently show that a skull fracture was diagnosed by CT scan at 4:14 a.m. on January 1, 1997 at Schumpert. Dr. Lambert concluded that the full extent of Shoemaker's head injury would not have been readily apparent upon gross examination by the paramedics, and that their assessment would have been complicated by Shoemaker's intoxication. A lab report from Schumpert which documents Shoemaker's blood alcohol level is also attached to Dr. Lambert's affidavit. In Dr. Lambert's opinion, the response by Cook and Evans to Shoemaker's injuries was appropriate and in accordance with the standard of care for emergency non-physician personnel with the training and expertise of paramedics and first responders.
We note serious technical defects in Dr. Lambert's aifidavit for purposes of summary judgment. Although Dr. Lambert referred to Schumpert medical records in his affidavit, only one page of medical records, the Schumpert blood analysis report, is actually attached to his affidavit. La. C.C.P. art. 967 requires that " worn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith." Shreveport obviously did not comply with this provision when submitting Dr. Lambert's affidavit in support of its motion as the only medical record attached is the blood analysis report. See Powers v. Tucker, 29, 190 (La App.2d Cir. 2/26/97), 690 So.2d 922, where the failure to attach medical records referred to in an affidavit was a deficiency precluding consideration of the affidavit. We additionally note that the one-page lab report attached is not certified pursuant to La. R.S. 13:3714. Nonetheless, we do not disregard Dr. Lambert's affidavit in its entirety, but only that part of his affidavit in which he referred to the Schumpert medical records. Compare McCoy v. Physicians & Surgeons Hosp., Inc., 452 So.2d 308 (La.App. 2d Cir. 1984), writ denied, 457 So.2d 1194 (La. 1984), where this court stated that the "portion of an affidavit or deposition not based on personal knowledge should not be consider
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