 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Judalet v. Kusalavage6/21/2000
ULYSSES GENE THIBODEAUX JUDGE
(Court composed of Judge Henry L. Yelverton, Judge Ulysses Gene Thibodeaux and Judge Elizabeth A. Pickett)
JUDGMENT RENDERED ON JUNE 21, 2000
AFFIRMED.
In this medical malpractice case, Bobby and Debra Judalet, individually and on behalf of their minor child, D'on Renee Judalet, filed suit against Dr. John Kusalavage, St. Patrick Hospital and St. Paul Fire and Marine Insurance Company (hereinafter "St. Paul") for failing to exercise the standard of care in treating Ms. Judalet and their child. The Judalets allege that Dr. Kusalavage prematurely ruptured Ms. Judalet's amniotic sac, thereby resulting in the premature birth of D'on, and D'on's acquisition of a bacterial infection and permanent complications. Dr. Kusalavage and his insurer, St. Paul, tendered $100,000 in settlement, the statutory limit.
The Louisiana Patients' Compensation Fund now appeals a judgment on a motion for declaratory and/or summary judgment that determined that D'on was delivered prematurely, and that the Group B Beta Streptococcal infection was causally related to the premature birth. General damages in the amount of $500,000, less a credit of $100,000 were awarded.
For the following reasons, we affirm.
I.
ISSUES
We shall consider:
1. whether the trial court erred in determining that the statutory admission of liability included an admission that D'on Judalet was premature; and,
2. whether the trial court erred in granting the summary judgment in favor of Bobby and Debra Judalet.
II.
FACTS
Debra Judalet was an expectant mother who had her first office visit with obstetrician, Dr. John Kusalavage on May 30, 1991. During that visit, she conveyed to the doctor that the date of her last menstrual period was March 16, 1991. From that date, the doctor estimated her due date to be December 23, 1991. Ms. Judalet's next visit to Dr. Kusalavage was June 27th. A review of an ultrasound taken on June 20th revealed that the gestational age of the fetus was nine weeks; therefore, the estimated due date was January 20, 1992. July 25 and August 28, 1991 were the subsequent dates of Ms. Judalet's appointments with Dr. Kusalavage. The fetus' fundal height on August 28th was twenty-one centimeters. This height was different from both the estimated due date based on Ms. Judalet's last menstrual period and on the June 20th sonogram. On September 25th, Ms. Judalet again had an office visit with Dr. Kusalavage. The fundal height of the fetus at this time was twenty-six centimeters, which was consistent with the estimated due date based on the date of Ms. Judalet's last period. The fundal height measurement on October 23rd was thirty-one centimeters. Another sonogram performed on October 29th revealed a gestational age of twenty-seven weeks; therefore, the estimated due date was changed to January 28, 1992. Based upon the two ultrasounds, Dr. Kusalavage predicted January 20, 1992 to be Ms. Judalet's due date. Ms. Judalet's next visit was on November 20, 1991. Dr. Kusalavage indicated that the fundal height of thirty-six centimeters seemed large based on the sonograms. December 4, 1991 was Ms. Judalet's final office visit. The fundal height was thirty-seven centimeters; however, she had a small amount of dilation.
On December 11, 1991, Ms. Judalet went to St. Patrick Hospital's emergency room with complaints of contractions. A sonogram was done, and it revealed an estimated gestational age of thirty-seven weeks. After her labor failed to progress, Ms. Judalet was released from the hospital.
On December 18, 1991
Page 1 2 3 4 5 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|