 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Beilenson v. Jefferson Parish Hospital Service Dist No. 212/14/2004
AFFIRMED
The defendant, East Jefferson General Hospital, has appealed the trial court's judgment in favor of plaintiffs, Ronald and Stuart Beilenson. For the reasons that follow we affirm.
FACTS
The plaintiffs' 65 year old mother, Lois Ostrolenk, presented to the emergency room at East Jefferson General Hospital at 7:40 a.m. on the morning of October 3, 1997 with complaints of abdominal pain and nausea that had begun the previous day. She was examined by the emergency room physician, Dr. Terry Creel, and a call was placed to her primary care physician, Dr. Lawrence Levy. Blood tests revealed an elevated white blood cell count. Abdominal x-rays were reported as showing extensive fecal material throughout the colon. A CT scan of the abdomen showed dilation of the small bowel with decompression of the terminal ileum and although the report did not identify the actual point of obstruction, her admitting diagnosis was rule out small bowel obstruction.
She was transferred to a medical floor in the hospital at 3:00 p.m. At approximately 3:25 a.m. on the morning of October 4, 1997 she was found to be short of breath and coughing up brown mucus. Shortly thereafter, Ms. Ostrolenk was found to be not breathing with a large amount of dark brown emesis in her mouth. Resuscitation efforts were unsuccessful and Ms. Ostrolenk was pronounced dead at 4:11 a.m.
The plaintiffs instituted a medical malpractice suit against the physicians caring for Ms. Ostrolenk, as well as the hospital seeking to recover damages for the wrongful death of their mother, as well as a survivor action on her behalf.
At trial, Timothy Hilbun, a licensed practical nurse, testified that he had been practicing nursing for about one year on the day he was assigned to take care of Ms. Ostrolenk. Nurse Hilbun was working the 3-11 shift on October 3, 1997. He testified that Ms. Ostrolenk was alert and oriented, calm and cooperative, and had no respiratory distress. He testified that he was aware of the orders given by Dr. Levy that the doctor should be called if there was any increased nausea and vomiting. He further testified that he was aware that after Dr. Levy examined Ms. Ostrolenk, Dr. Levy wrote an order to notify the doctor of any changes. Nurse Hilbun testified that at 6:45 p.m. he telephoned the doctor on call for Dr. Levy, Dr. Ramiz Khalaf, to let him know that Ms. Ostrolenk had vomited. Nurse Hilbun testified that Dr. Khalaf's response was to let him know if she vomited again. Nurse Hilbun testified that he was not aware of another vomiting episode on his shift. He was shown a note in Ms. Ostrolenk's medical record dated October 3, 1997 written at 7:20 p.m. by Karen deLeon, a respiratory therapist, that states: "aerosol treatment not given, patient became ill; patient vomiting." Nurse Hilbun denied being aware that Ms. Ostrolenk had vomited at 7:20 p.m., but testified that had he been informed of this incident, he would have written it in the medical chart and called the doctor. Nurse Hilbun testified that he went over Ms. Ostrolenk's condition with the oncoming nurse and left the hospital at 11:30 p.m.
Karen deLeon, a certified respiratory therapist, testified that she had no recollection of Ms. Ostrolenk. She testified that on Ms. Ostrolenk's medical chart she checked off that the aerosol treatment was not given and the patient became ill and wrote in that the patient was vomiting. Ms. deLeon had no recollection of whether or not she spoke to the nurse, nor did she have any recollection of whether she had actually gone into Ms. Ostrolenk's room.
Gwen Bylsma, a registered nurse, testified that she assumed Ms. Ostrolenk's care from Nurse Hilbun.
Page 1 2 3 4 5 6 7 8 9 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|