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Jordan v. Willis-Knighton Medical Center9/21/2005
Before WILLIAMS, PEATROSS & LOLLEY, JJ.
This case arises from a granting of summary judgment in favor of Robert Jordan, on behalf of his deceased wife, Gwen Gow. Ms. Gow died in recovery, after undergoing surgery at Willis Knighton-Pierremont Hospital ("WK") in Shreveport, Louisiana. From this ruling, the Louisiana Patient's Compensation Fund ("PCF") now appeals arguing, inter alia, that the trial judge erred in his interpretation of La. R.S. 40:1299.44(C) and that one of Ms. Gow's treating physicians, Dr. Stephen Patton, was not solely responsible for her death, despite his statutory admission of liability up to $100,000. For the reasons set forth herein, we affirm.
FACTS
On March 14, 2000, Gwen Gow was diagnosed and hospitalized with cholecystitis at Willis Knighton-Pierremont. Two days later, Dr. William Eddleman performed a laparoscopic cholecystectomy and intraoperative cholangiogram to correct her condition. At approximately 3 a.m. on the day following her surgery, Ms. Gow went into asystolic cardiac arrest and was pronounced dead approximately seventeen minutes later. The record indicates that, at no time during the evening, was Dr. Eddleman notified by the hospital, attending physicians or attending nurses of Ms. Gow's deteriorating condition.
Ms. Gow's husband, Robert Jordan, initiated a medical malpractice claim against several of her attending physicians (including Dr. Patton) and WK on September 18, 2000. In his suit against WK, Mr. Jordan sought recovery for damages arising out of Ms. Gow's death (her pain, suffering, grief and mental anguish, loss of the opportunity for survival, fear and impending doom and funeral expenses) as well as his own loss of consortium, mental anguish, distress, grief and funeral expenses connected with his wife's death.
On December 16, 2002, a judgment was signed approving a settlement between Mr. Jordan and Dr. Patton and his medical insurer for the sum of $100,000 and reserving rights against the PCF. The terms of this settlement agreement included an admission of liability by Dr. Patton in accordance with the Louisiana Medical Malpractice Act ("LMMA").
A motion for summary judgment on damages owed by the PCF (in excess of the $100,000 settlement) was filed by Mr. Jordan. The trial court ruled in favor of Mr. Jordan in the amount of $401,600.31 ($400,000 in damages plus $1,600.31 in funeral expenses). This appeal ensued.
DISCUSSION
This case turns on the application of La. R.S. 40:1299.44(C), which was amended in 2003. The pre-amended version was silent on the issue of assessing the fault of third party qualified health care providers to limit the liability of the PCF. The pre-2003 amendment version read, in pertinent part:
At the hearing the board, the claimant, and the insurer of the health care provider or the self-insured health care provider, as the case may be, may introduce relevant evidence to enable the court to determine whether or not the petition should be approved if it is submitted on agreement without objections. If the board, the insurer of the health care provider or the self-insured health care provider, as the case may be, and the claimant cannot agree on the amount, if any, to be paid out of the patient's compensation fund, then the court shall determine, the amount of claimant's damages, if any, in excess of the amount already paid by the insurer of the health care provider. The court shall determine the amount for which the fund is liable and render a finding and judgment accordingly. In approving a settlement or determining the amount, if any, to be paid from the patient's compensation fund, the court shall consider the liab
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