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Monday, January 31, 2005

Duletsky defends decisions



BRECKENRIDGE - Dr. Patricia Duletsky testified to using her knowledge, training and experience as a family practice doctor to the best of her ability while treating Susanna Martens throughout her pregnancy and during the evening she died.

Duletsky, a former Frisco doctor, is being sued by Martens' husband, Rob Small, for the wrongful deaths of Martens and their unborn baby girl.

The $1.5 million lawsuit is being tried in Summit District Court in front of Judge Terry Ruckriegle.

Martens was 36-and-a-half weeks pregnant when she died from a cardiac arrest triggered by a bacterial infection in her uterus on March 15, 2000. Her baby girl died in utero about an hour before Martens.

"I felt that I paid close attention to what Susanna's complaints were, what her exams said and what I thought was reasonable at the time," Duletsky said calmly on Monday afternoon.

Duletsky said she considered Martens a "friendly colleague" as the two had served together in a group that discussed child abuse and neglect cases.

Duletsky also delivered the couple's first child, Shannon, now 9.

The majority of the direct questioning from Duletsky's lawyer, Paul Cooper, revolved around the evening of March 14, 2000, when Martens first visited Duletsky because she felt ill.

Duletsky testified that Martens' last regular doctor's appointment was on March 8, 2000, and that the pregnancy was "uncomplicated" at that time.

Six days later, Martens went to Duletsky's office at 6 p.m., complaining that she had vomited once and had felt two uterine contractions.

At that time, Martens' primary concern was that she was experiencing preeclampsia, a condition that causes high blood pressure and swelling, Duletsky said.

She added that Martens was ordered to bed rest because she was preeclamptic during her first pregnancy.

After examining Martens' abdomen and cervix, taking her vital signs and listening to the baby's heartbeat, Duletsky diagnosed Martens with viral gastroenteritis, commonly known as the stomach flu.

"She had nothing specific on her exam that would point me to any other direction at the time," Duletsky said. "She did not appear very ill."

One of the plaintiff's primary arguments is that Martens and her baby would have survived if Duletsky would have administered antibiotics at the 6 p.m. visit, but Duletsky said she didn't seen any signs or symptoms of an intra-amniotic infection.

"She had a fever. It could be there, but nothing else in my mind indicated she could have had an infection in the uterus, " she said.

"A fever alone doesn't mean there's a bacterial infection."

Duletsky said she understood common symptoms of a uterine infections to be a broken water bag, uterine tenderness, or a rapid heartbeat in the mother and baby, none of which Martens had.

Several hours later, Martens came to Summit Medical Center because she wasn't feeling any better.

Duletsky said she saw Martens at 9:45 p.m. and gave verbal orders to the nurse to take her vital signs, start giving her fluid intravenously and draw blood.

Duletsky had another patient giving birth that evening with whom she was attending to until after 10:30 p.m.

She received Martens' blood test results back at about 11 p.m., at which time she called Dr. Alan Dulit, the obstetrician on call, to discuss Martens' situation.

"There were a few things that were borderline," she said. "They weren't flat normal, but they weren't so unusual that I knew what was going on."

Duletsky said her biggest concern during the evening was that Martens' contractions, weren't subsiding, despite Duletsky's administration of two doses of Terbutaline, a drug used to stop contractions.

Just after midnight, Duletsky said she called Dulit back and requested he come in to assist because she "wasn't comfortable with what was going on."

Around the same time, Martens moved to a labor and delivery room. When she got to the new room, she was breathing hard and was short of breath, Duletsky said.

Duletsky testified to putting on oxygen mask on Martens and listening to her heart and lungs, hearing a rapid heart beat, but not detecting any liquid in the lungs.

At that time, Dulit came in and took over giving orders.

An ultrasound was done on the baby and no fetal heartbeat was detected.

Shortly after, at 1:17 a.m., Martens stopped breathing and efforts to resuscitate her were not successful.

During Small's testimony last week, he said when he arrived at the hospital and asked if the doctors were able to save the baby, Duletsky said "we thought about it."

"I don't recall saying we thought about saving the baby," Duletsky said. "I may have said we thought about transporting (Martens to Denver), but I never would have said we thought about saving the baby."

The defense also brought forward Duletsky's various achievements in the medical community in Summit County, including her role in founding the Community Care Clinic, which serves uninsured and underinsured residents.

Duletsky also testified to writing the proposal to Denver's St. Anthony Hospital to get a birthing center in Summit Medical Center, which occurred in 1997.

Previously, women had to travel to Vail or Denver to deliver their babies.

Duletsky also served as the county's public health officer for two years. She began practicing in Summit County in 1988 after completing her medical residency in Denver.

Earlier in the morning, the plaintiff's attorneys rested their case after calling a last witness, economist Dr. Patricia Pacey.

Pacey is an expert witness who was called to the stand to explain the past and future financial impact of Martens' death on the Small family.

She estimated the impact to be from $814,600 to $1,392,700 depending on whether Martens went to work full-time after both of her daughters were in school.

Pacey took into consideration earnings and wages, essential services, such as cooking, cleaning and caring for Shannon.

She then subtracted personal consumption, or how much Martens would have spent on herself in the time period.



Nicole Formosa can be reached at (970) 668-3998 ext. 229 or at

nformosa@summitdaily.com.




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