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Harrison v. Smith11/26/2002
AFFIRMED
Defendant, the Louisiana Patient's Compensation Fund ("PCF") appeals a judgment of the district court in favor of the plaintiff, Ronald Harrison, in the amount of $439,915.00. We affirm.
The underlying facts which give rise to the present case, have been summarized by this court as follows:
This matter involves a medical malpractice claim by Ronald Harrison for the death of his wife, Doris Harrison, and his minor child, Avery Doyle Harrison.
Doris Harrison, a prenatal patient of Dr. T. Richard Smith, was admitted to Meadowcrest Hospital in labor at 12:10 a.m. on September 22, 1989. Prior to [95-517 La.App. 5 Cir. 2] this, Mrs. Harrison had informed Dr. Smith that she and her husband were Jehovah's Witnesses and did not wish any blood products to be used at the time of the delivery of their child. Dr. Smith was called by the nurse on the delivery unit 30 minutes after the patient arrived, but he did not immediately proceed to the hospital.
At 9:45 a.m., Mrs. Harrison's fetal heart monitor ceased reflecting a heartbeat for her unborn child, and the nursing staff asked Dr. Wayne Grundmeyer to deliver the baby. At 9:53 a.m., Dr. Grundmeyer opened the patient and delivered a male infant with the umbilical cord tightly wrapped around his neck. Dr. Grundmeyer had begun to close the patient when Dr. Smith arrived and took over.
At this point, Dr. Smith determined it was necessary to perform further surgery on Mrs. Harrison's uterus. While the surgery was being performed, Mr. and Mrs. Harrison both vehemently refused the use of any blood and/or blood products.
After the surgery, in the recovery room, Mrs. Harrison's condition began to worsen and she eventually died. An autopsy revealed the cause of death to be anemia and hypovolemia, which is a decrease in the amount of circulating blood.
The baby, Avery Doyle Harrison, died on October, 14, 1989, 21 days following his birth, from complications resulting from the umbilical cord that was wrapped around his neck.
Ronald Harrison filed a medical malpractice claim and thereafter a suit against Dr. Grundmeyer, Meadowcrest, and Dr. Smith in 1992. In the petition, Harrison alleged that Dr. Smith was negligent in failing to adequately respond to the calls from the nursing staff regarding the deterioration of the mother and fetus, and in electing to perform an unnecessary procedure after his arrival. Pursuant to La. R.S. 40:1299.44(C)(5), on May 19, 1994, plaintiff reached a court-approved settlement with Dr. Smith and his insurer, in the amount of $100,000.00. Mr. Harrison, in this settlement related to the claim for Doris, reserved his rights against the Louisiana Patient's Compensation Fund for the full amount of damages recoverable. Also on May 19, 1994 Harrison reached a court-approved settlement with all involved parties regarding his claims on behalf of his minor child, Avery Doyle Harrison, in the amount of $40,000.00.
On October 21, 1994, Harrison filed a motion for summary judgment predicated on the fact that, under La. R.S. 40:1299.44(C)(5), the $100,000.00 payment constituted an admission of liability by the health-care provider. Harrison further alleged there were no genuine issues of material fact which could result in a judgment against PCF in an amount less than the $400,000.00 allowed by the medical malpractice cap, plus medical expenses.
On December 13, 1994, the district court judge granted Harrison's motion for summary judgment and entered judgment against PCF in the sum of $400,000.00, the amount allowed by the cap, and $62,515.04 in past medical expenses together with legal interest. On January 30, 199
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