 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Robicheaux v. Adly6/12/2002
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.
In this wrongful death/survival action, Curtis Robicheaux (Curtis), on behalf of his deceased wife, Judy Robicheaux, and as natural tutor of their minor child, Kisha, and the major children of Judy, Kelvin, Kirk and Kasey, appeal the trial court judgment in favor of the Defendants, Dr. Camran G. Adly, Morris Lahasky Nursing Home, and the American Legion Hospital d/b/a the Pauline Faulk Centre, finding that the Defendants were not at fault for the wrongful death of their wife and mother, Judy. Curtis and his children claim that the defendants violated the Medical Malpractice Act and the Patient's Bill of Rights. With respect to Dr. Adley and the Pauline Faulk Centre, the plaintiffs assert that the trial court erred in finding that they did not violate the Health Care Quality Improvement Act and did not commit negligence under La.Civ.Code art. 2315. With respect to the Lahasky Nursing Home, plaintiffs assert that the trial court erred in finding that its actions in failing to administer routine medical care did not cause Judy's wrongful death pursuant to La.Civ.Code art. 2315.1, did not violate La.R.S. 28:171 by its use of both chemical and physical restraints, did not commit medical battery upon Judy and did not commit negligence in the hiring or supervision of Dr. Adly.
After review of the evidence, with respect to the jury's conclusion that the defendant Pauline Faulk Centre and defendant Dr. Adly did not commit medical malpractice, violate the Patient's Bill of Rights, violate the Health Care Quality Improvement Act, commit negligence or breach of contract in the treatment of the decedent, we find no error. With the exception of the jury's negligence finding against defendant Lahasky Nursing Home, we find likewise.
I. ISSUES
Plaintiffs assert the following as the issues on appeal:
(1). whether the jury committed an abuse of discretion in failing to find by a preponderance of the evidence that the defendants committed errors in their treatment, administration of treatment of decedent, Judy Robicheaux and whether the errors were a substantial factor or cause of her wrongful death in accordance with La.C.C. Art. 2315.1(2);
(2). whether the care rendered by the defendants was below the standard of care found under La.R.S. 40:1299.1 (Medical Malpractice), a violation of La.R.S. 28:171 regarding the use of chemical and/or physical restraints, a violation of the Health Care Quality Improvement Act, 42 USCA ยง 11101 and 11401;
(3). whether the care was negligent under La.C.C. Art. 2315, constituted breach of contract by the defendants, constituted battery and/or negligent hiring and/or supervision.
II. FACTS
Beginning in June of 1995 and ending on December 6, 1995, the date of decedent's death, Judy was hospitalized at the Pauline Faulk Centre, and the Lahasky Nursing Home for treatment of bulbar-amyotrophic lateral sclerosis (bulbar-ALS) also known as "Lou Gehrig's Disease" which was diagnosed in August 1995 at Abbeville General Hospital by two neurologists, Drs. Fabian Lugo and Leo deAlvare. The plaintiffs assert that Dr. Adly mistakenly admitted Judy to the Pauline Faulk Centre under a diagnosis of schizophrenia and treated her for that alleged illness. Dr. deAlvare noted Judy's progressive bulbar dysfunction. Dr. deAlvare further recommended that comfort measures be taken, that the family consider a "do not resuscitate" status and a discussion of the progressive nature of the illness with the family as well as the grim prognosis and high likelihood of ventilatory failure.
This case involves Judy's treatment beginning on August 18, 1
Page 1 2 3 4 5 6 7 8 9 10 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|