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Monistere v. Engelhardt2/15/2005
AFFIRMED IN PART; REVERSED IN PART; REMANDED
On November 7, 2001, the plaintiffs filed this medical malpractice action against Dr. Tod Engelhardt, after a finding by the Medical Review Panel that Dr. Engelhardt breached the applicable standard of care when he performed mitral valve replacement and single vessel coronary bypass surgery on Albert Monistere on March 25, 1999, resulting in a second surgery and subsequently Mr. Monistere's death on March 26, 1999. The plaintiffs are Mr. Monistere's wife, Theresa Monistere, and his daughters, JoAnn Monistere Credo and Mary Monistere Dargis. In their petition, the plaintiffs allege that Mr. Monistere's death was caused by Dr. Engelhardt's negligence, particularly his failure to properly size and seat the mitral valve, which resulted in an A.V. groove separation. Dr. Engelhardt answered the suit, denying that he deviated from the standard of care and asserting that Mr. Monistere's death was caused by a known complication of mitral valve replacement surgery and was unrelated to his care and treatment.
Trial of this matter was held on April 15, 2002, after which the trial judge took the matter under advisement. On May 6, 2002, the trial judge rendered a judgment in favor of the plaintiffs, finding that Dr. Engelhardt deviated from the standard of care and that this deviation caused Mr. Monistere's death and the damages claimed in this lawsuit. The trial judge awarded $175,000 for Mr. Monistere's survival action, and $1,100,000 to Mr. Monistere's wife and daughters for their wrongful death claims. The trial judge reduced this award to $500,000 in accordance with the medical malpractice recovery limits set forth in LSA-R.S. 40:1299.42B(1). The trial judge also awarded $146,830.82 to the plaintiffs for future medical care and related benefits, as well as costs and legal interest from the date of filing of the complaint.
On May 14, 2002, the plaintiffs filed a "Motion for New Trial Limited to the Constitutionality of the Limitations of Liability set forth in LA R.S. 40:1299.41, et seq." The Louisiana Patients' Compensation Fund Oversight Board ("PCF") intervened in this action on July 11, 2002. Thereafter, at a hearing on October 18, 2002, the trial judge granted the plaintiffs' Motion for New Trial, allowing them to challenge the constitutionality of the medical malpractice "cap." The PCF sought review of this ruling, but writs were denied by both this Court and the Louisiana Supreme Court. On August 4, 2003, the PCF filed a Motion for Summary Judgment on the issue of the constitutionality of the medical malpractice cap, and a hearing on this motion was held on May 4, 2004. On June 18, 2004, the trial judge granted the PCF's Motion for Summary Judgment, finding that the medical malpractice cap, as set forth in LSA-R.S. 40:1299.42B, does not violate the state or federal constitutions.
The PCF appeals the May 6, 2002 judgment, contesting the trial court's award of future medical care and related benefits. The plaintiffs appeal the June 18, 2004 judgment, which found that the medical malpractice cap was not unconstitutional, and the May 6, 2002 judgment insofar as it reduced the general damages award to $500,000.
DISCUSSION
Both the plaintiffs and the PCF appeal, but neither appellant challenges the finding of malpractice. Accordingly, this issue is not before us and will not be addressed in this opinion.
At the beginning of trial, counsel for the plaintiffs and Dr. Engelhardt stipulated, among other things, that: 1) if the plaintiffs prevail on liability, negligence and causation, the plaintiffs' general damages exceed the Louisiana medical malpractice $500,000 limitation on general damag
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