Hays v. Christus Schumpert Northern Louisiana
72 So. 3d 955
La. Ct. App.2011Background
- In June 1999, Juanita Louise Hays was admitted to Christus Schumpert for weight loss and GI symptoms with Barfield as treating physician.
- Overnight readings showed erroneous high glucose; Barfield ordered monitoring and sliding-scale insulin, but nurses testified no insulin was given.
- June 15, 1999, an EGD occurred; patient experienced hypotension, hypoxia, hypoglycemia with glucose as low as 32, but no insulin administered during endoscopy.
- June 16, 1999, Barfield transferred Hays to the general medicine floor; ICU restraints were discussed and a verbal order for soft restraints, PRN, was recorded.
- June 20, 1999, Mr. Hays left the bedside; later that day Mrs. Hays was found unattended with lines removed, Code Blue called, and she was resuscitated and returned to ICU.
- Plaintiffs filed suit in 2000 seeking damages; Medical Review Panel found against plaintiffs on liability; trial proceeded to a 2010 jury verdict in favor of defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of restraint policy evidence | Policy prohibited PRN restraints; its exclusion prejudiced Hays. | Policy not exchanged; exclusion harmless; policy supports least restrictive care but no breach shown. | Exclusion harmless; no substantial rights affected; affirm. |
| New trial due to evidentiary ruling | Miscarriage of justice due to policy exclusion warrants new trial. | No motion for new trial pursued; discretion lies with trial court. | No abuse; not warranted; affirm. |
| Review of jury verdict | Verdict should be set aside given disputed evidence and lack of complete policy context. | Jury verdict supported by substantial evidence; great deference owed to trial findings. | Not manifestly erroneous; affirm verdict. |
| Standards for medical and hospital malpractice | Hospital and physicians breached standard of care in restraints, monitoring, and communications. | Evidence supports reasonable professional judgment; no causation proven; hospital liable only for its employees under respondeat superior. | Judgment affirmed; plaintiffs failed to meet standard of proof. |
Key Cases Cited
- Jackson v. Tulane Medical Center Hosp. and Clinic, 942 So.2d 509 (La. 2006) (manifest error standard in medical malpractice appellate review)
- Stobart v. State Through DOTD, 617 So.2d 880 (La. 1993) (reduction of appellate deference to fact-findings; manifest error standard)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (standard for reviewing credibility and factual findings)
- Wyatt v. Hendrix, 998 So.2d 233 (La. App. 2d Cir. 2008) (standard of care and proof in medical malpractice cases)
- Galloway v. Baton Rouge General Hospital, 602 So.2d 1003 (La. 1992) (hospital liability and non-application of locality rule)