54 So. 3d 745
La. Ct. App.2010Background
- Plaintiffs allege medical malpractice and wrongful death against Woodland Village and PCF after Rudolph Braud Sr. died following alleged improper treatment and delayed CPR.
- Braud had dementia (Pick’s) and was treated at Woodland Village in Oct 2008; multiple anti-psychotic medications were prescribed.
- There was evidence Woodland Village staff failures, including 15-minute safety checks not performed timely and CPR not initiated promptly.
- Jury found Woodland Village negligent for wrongful death and awarded $1,650,000; Dr. Simonson was not liable.
- District court reduced damages to the $500,000 statutory cap; Woodland Village and PCF challenged the verdict and damages reductions.
- Plaintiffs cross-appealed the remittitur; the court reversed the verdict and remanded for a new trial addressing loss of chance of survival as a separate claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loss of chance of survival may be considered separate from wrongful death | Braud claim includes loss of chance as distinct injury | Case should be limited to wrongful death; no loss of chance instruction needed | Reversed; remanded to allow loss of chance instruction and damages |
| Whether the trial court erred by not instructing on loss of chance of survival | Evidence supports loss of chance claim; jury should have been instructed | Evidence does not prove causation of death; loss of chance unsupported | Reversed; remanded for new trial with proper loss of chance instructions |
| Whether the damages award was improperly reduced to the cap moot | Cap reduction should be preserved only if verdict stands | Damages capped; remittitur appropriate if liable | Moot due to reversal and remand for new trial |
Key Cases Cited
- Beaucoudray v. Walsh, 9 So.3d 916 (La.App. 4 Cir. 2009) (standard of care, negligence proof in medical malpractice)
- Pfiffner v. Correa, 643 So.2d 1228 (La. 1994) (three-element burden in malpractice actions)
- Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La. 1993) (two-prong test for reversal of fact-finder determinations)
- Stamps v. Dunham, 968 So.2d 739 (La.App. 4 Cir. 2007) (negligence standard and causation in malpractice cases)
- Smith v. State, Dept. of Health and Hosp., 676 So.2d 543 (La. 1996) (loss of chance of survival is a distinct compensable injury)
- Hebert v. Parker, 796 So.2d 19 (La.App. 4 Cir. 2001) (proof burden and causation in medical malpractice)
- Snia v. Medical Center of New Orleans, 637 So.2d 1290 (La.App. 4 Cir. 1994) (loss of chance concept in medical context)
- Jones v. Peyton Place, Inc., 675 So.2d 754 (La.App. 4 Cir. 1996) (plain error review and juror instruction impact)
- Alphonse v. Acadian Ambulance Services, Inc., 844 So.2d 294 (La.App. 1 Cir. 2003) (damage valuation for lost chance recoveries)
- Jackson v. University Hosp., 809 So.2d 1145 (La.App. 4 Cir. 2002) (malpractice proof and causation considerations)