Aymami v. St. Tammany Parish Hospital Service District No. 1

145 So. 3d 439, 2013 La.App. 1 Cir. 1034, 2014 WL 1820250, 2014 La. App. LEXIS 1225
CourtLouisiana Court of Appeal
DecidedMay 7, 2014
DocketNo. 2013 CA 1034
StatusPublished
Cited by8 cases

This text of 145 So. 3d 439 (Aymami v. St. Tammany Parish Hospital Service District No. 1) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aymami v. St. Tammany Parish Hospital Service District No. 1, 145 So. 3d 439, 2013 La.App. 1 Cir. 1034, 2014 WL 1820250, 2014 La. App. LEXIS 1225 (La. Ct. App. 2014).

Opinion

PARRO, J.

Lin this medical malpractice case, St. Tammany Parish Hospital, Service District No. 1 (STPH), Keva Fontanille, R.N., and the Louisiana Patient’s Compensation Fund (LPCF)1 appeal a judgment in favor of Heather and Jeremy Aymami, individually and on behalf of their minor children, Logan and Savanna Aymami, for damages they incurred as the result of injuries Heather suffered in a fall at the hospital. The Aymamis answered the appeal, seeking additional damages. For the following reasons, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Heather Aymami was admitted to the labor and delivery unit at STPH at 12:02 a.m. on February 14, 2002. Epidural anesthesia was begun at 8:15 a.m. and continued until she delivered her son, Logan, at 11:20 a.m.2 Keva Fontanille, R.N., was Heather’s labor and delivery nurse, and she continued caring for Heather after the birth. Heather experienced numbness and tingling in her legs as the epidural anesthetic wore off, but by 2:45 p.m., these sensations had stopped. About that time, Keva suggested that Heather might enjoy a bath in the room’s whirlpool tub. Keva [444]*444lowered the bed rail in order to remove Heather’s IV and Foley catheter and to make it possible for Heather to get out of bed and take a bath. Keva then went to the bathroom to start the bathwater and empty the catheter bag. While the bathtub was filling and Keva was emptying the catheter bag in the bathroom, Heather appeared in the bathroom doorway. She had left the bed and walked several steps to the bathroom with her mother at her side, holding her arm. Keva looked up and saw Heather in the doorway, made a brief comment to her, and turned back to finish emptying the catheter bag. Within a few seconds, Heather tried to take one more step and fell, breaking her left leg.3 She suffered severe comminuted displaced left tibia and fibula shaft fractures, which | ^required surgical correction with rods and pins later that evening. A second surgical procedure was performed about a year later to remove scar tissue.

The Aymamis filed a complaint with the Division of Administration, Patient’s Compensation Fund Oversight Board, seeking review by a medical review panel to determine whether Keva’s conduct breached the standard of care and caused Heather’s injuries. The panel found that Keva’s conduct met the applicable standard of care. On June 13, 2005, the Aymamis filed suit against Keva and STPH, alleging that the direct and proximate cause of Heather’s injuries was the substandard care received by her while at STPH in Keva’s care. The petition stated that Keva encouraged Heather’s premature ambulation, but she took no safeguards to test Heather for reactivity and failed to follow hospital protocol for post-surgery ambulation and assessment for risk of falling. The Aymamis sought damages for Heather’s pain and suffering, mental anguish, permanent disability, loss of quality of life, medical expenses, and loss of income, as well as loss of consortium damages for her husband and children. The defendants answered, denying the allegations, and extensive discovery took place over a number of years.

The case went to a bench trial on April 12, 2012. Following two days of testimony and the introduction of numerous exhibits, including the depositions of expert and lay witnesses, the court took the case under advisement. On September 17, 2012, the court provided written reasons, concluding that Keva had breached the standard of care in several particulars and was liable, along with STPH under the doctrine of respondeat superior, for the injuries sustained by Heather and the damages that resulted. The court found no fault on the part of Heather. The court awarded Heather general damages in the amount of $100,000, medical expenses in the amount of $39,303.58, and lost wages in the amount of $29,300. For loss of consortium, the court awarded Jeremy and each of the two children $5,000. A judgment awarding these amounts, plus court costs and legal interest from the date the complaint was filed with the Patient Compensation Fund Oversight Board, was signed October 18, 2012. This appeal followed.

| «ASSIGNMENTS OF ERROR

STPH and Keva submit the following assignments of error:

1. The trial court erred as a matter of law in accepting the testimony of Dr. Jay Turkewitz in support of the contention that “the patient bears no responsibility for their safety at all in a hospital facility,” which resulted in the application of incorrect prinei-[445]*445pies of law, thereby depriving STPH and Nurse Fontanille of substantial jurisprudential rights and limitations of liability.
2. The trial court erred in determining that the actions of Keva Fontanille, R.N., in the hours following the birth of Ms. Aymami’s child, violated the applicable standard of care.
3. Alternatively, it was reversible error for the trial court to conclude that any breach by STPH or its employee, Keva Fontanille, R.N., was the cause in fact of any injuries and damages sustained by the plaintiffs.
4. In the further alternative, the trial court erred in failing to allocate any degree of fault to the plaintiff, Heather Aymami, for her failure to follow Nurse Fontanille’s specific instructions.

LPCF submits the following assignments of error:

1. The trial court committed legal error by: (a) failing to reconcile the factual evidence regarding the circumstances leading up to Plaintiffs fall; (b) finding the hospital was the guarantor of the patient’s safety, regardless of the facts; and (c) failing to determine if any conduct on the part of the Defendants caused Plaintiffs injuries.
2. The trial court was wrong in finding the hospital was the guarantor of the patient’s safety and the Defendants’ actions caused the Plaintiffs injuries considering a reconciliation of the facts shows the Plaintiff was clearly advised to wait for assistance and she refused to do so, which was the sole cause of the fall.
3. Assuming the de novo standard of review does not apply, the lower court committed manifest error in finding Defendants liable considering the court ignored crucial testimony in the Defendants’ favor and relied on Plaintiffs’ experts who were either unqualified or whose testimony was inconsistent and implausible.
4. Under either standard of review, the lower court erred in not finding comparative fault on the part of Plaintiff, Heather Aymami.
5. Assuming the lower court’s decision is not reversed on liability or causation, the lost wage claim should be reduced by approximately half of that which was awarded.

The Aymamis answered the appeal and assigned the following as errors:

1. The trial court erred in awarding excessively low general damages for the severe injuries sustained by Heather Aymami.
2. The trial court erred in awarding excessively low loss of consortium awards to Heather Aymami’s husband, Jeremy, and the couple’s minor children.

INAPPLICABLE LAW

Standard of Review

A court of appeal may not overturn a judgment of a trial court unless there is an error of law or a factual finding that is manifestly erroneous or clearly wrong. Morris v. Safeway Ins. Co.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Thompson v. Ctr. for Pediatric & Adolescent Med., L.L.C.
244 So. 3d 441 (Louisiana Court of Appeal, 2018)
Mitchell v. Access Medical Supplies, Inc.
184 So. 3d 118 (Louisiana Court of Appeal, 2015)
Bourg v. Cajun Cutters, Inc.
174 So. 3d 56 (Louisiana Court of Appeal, 2015)
Burtner v. Lafayette Parish Consolidated Government
176 So. 3d 1056 (Louisiana Court of Appeal, 2015)
Gaspard v. Southern Farm Bureau Casualty Insurance Co.
155 So. 3d 24 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
145 So. 3d 439, 2013 La.App. 1 Cir. 1034, 2014 WL 1820250, 2014 La. App. LEXIS 1225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aymami-v-st-tammany-parish-hospital-service-district-no-1-lactapp-2014.