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Etcher v. Neumann12/28/2001
In this medical malpractice action, defendants, Dr. Howard J. Neumann and Louisiana Medical Mutual Insurance Company, and intervenor, Louisiana Patient's Compensation Fund (PCF), appeal a judgment of the district court that was entered in conformity with a jury verdict and awarded damages in connection with Sarah Elizabeth Etcher's death.
FACTS AND PROCEDURAL HISTORY
Plaintiffs Cynthia Lee Etcher and Brad Young, individually and on behalf of the estate of their minor daughter Sarah Elizabeth Etcher, instituted this medical malpractice suit against Dr. Neumann and Louisiana Medical Mutual Insurance Company (collectively, "defendants"). The petition alleges Dr. Neumann breached the standard of care in treating four and one-half month old Sarah in the emergency room on April 21, 1996. The petition further alleges that Dr. Neumann's breach of the standard of care resulted in Sarah's death on April 22, 1996.
Ms. Etcher brought Sarah to the emergency room at Baton Rouge Medical Center at approximately 1:30 p.m. on April 21, 1996. Sarah had awakened that morning with a fever that did not abate with Tylenol. At trial, Ms. Etcher te stified she had also noticed a few red spots the size of either flea or mosquito bites on Sarah's torso and arms.
At the emergency room, a triage nurse noted Sarah's temperature to be 103.6 degrees and administered ibuprofen. Dr. Mayeaux, a resident in emergency medicine, then took Sarah's history and performed a physical exam. Dr. Mayeaux noted that Sarah's temperature was 103.6. He did not notice any spots or rash.
Dr. Neumann, an emergency room attending physician next examined Sarah. He too obtained a history and performed a physical exam. Dr. Neumann found Sarah to be smiling, alert and in no acute distress. On Sarah's chart, Dr. Neumann noted there were a few macules on Sarah's chest. Dr. Neumann diagnosed Sarah with "viremia, questionable exanthem." He then discharged Sarah with instructions to Ms. Etcher that she give Sarah Tylenol for fever, bring Sarah to her pediatrician the following day, and return her to the emergency room if her condition worsened.
At approximately 4:45 a.m. the next morning, Ms. Etcher noticed Sarah was restless and discovered Sarah's face, stomach and arms were covered with large purplish-red blotches. Ms. Etcher returned Sarah to the emergency room at Baton Rouge Medical Center where she was examined by Dr. Samuel Reed. Dr. Reed's initial clinical impression was meningococcemia (an overwhelming blood stream infection) with adrenal failure. He began antibiotic therapy. A short time later, Sarah was transported by ambulance to Our Lady of the Lake Regional Medical Center and admitted to their Pediatric Intensive Care Unit. Sarah died at approximately 10:00 a.m. Dr. Bonis at Our Lady of the Lake included on Sarah's chart a final diagnosis of meningococcemia, septic shock and possible meningitis. The chart also notes that Sarah had progressive development of purpura, a discoloration caused by hemorrhage into the tissues, which consumed her whole body. See Dorlands Illustrated Medical Dictionary, 1290 (25th ed. 1974).
Plaintiffs complied with LSA-R.S. 40:1299.41, et seq., and medical review panels were convened to review Sarah's treatment by both Drs. Mayeaux and Neumann. A majority of both panels concluded there was a breach of the standard of care, essentially because a CBC (complete blood count) was not obtained on April 21, 1996.
Thereafter, plaintiffs timely instituted the instant suit. Defendants filed a peremptory exception raising the objection of no right of action with respect to Mr. Young, alleging Ms. Etcher's husband is presumed to be Sarah's fath
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