Bellard v. Willis Knighton Medical Center

786 So. 2d 218, 2001 La. App. LEXIS 937, 2001 WL 487185
CourtLouisiana Court of Appeal
DecidedMay 9, 2001
Docket34,360-CA
StatusPublished
Cited by5 cases

This text of 786 So. 2d 218 (Bellard v. Willis Knighton Medical Center) 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
Bellard v. Willis Knighton Medical Center, 786 So. 2d 218, 2001 La. App. LEXIS 937, 2001 WL 487185 (La. Ct. App. 2001).

Opinion

786 So.2d 218 (2001)

Mary Marcantel BELLARD, et al., Plaintiffs-Appellants,
v.
WILLIS KNIGHTON MEDICAL CENTER, Defendant-Appellee.

No. 34,360-CA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2001.

*219 Nelson, Hammons & Self, By John L. Hammons, Shreveport, Counsel for Appellants.

Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell, By Lawrence W. Pettiette, Jr., Joe Woodley, Shreveport, Counsel for Appellee.

Before BROWN, WILLIAMS, STEWART, GASKINS and DREW, JJ.

GASKINS, J.

The plaintiffs, Mary Marcantel Bellard, Frances Marcantel, and Loretta Marcantel Plemons, filed a medical malpractice action against Willis Knighton Medical Center (WKMC), contending that an emergency room nurse breached the applicable standard of care in having security remove their paranoid and psychotic brother, Simon Marcantel, instead of notifying the emergency room doctor and detaining the patient for treatment. Several hours after he left the hospital, Mr. Marcantel was shot and killed in an armed confrontation *220 with Caddo sheriffs deputies. A jury concluded that no employees of WKMC breached any duty owed to Mr. Marcantel. The plaintiffs appealed. For the following reasons, we affirm.

FACTS

On May 5, 1994, shortly after midnight, Simon Marcantel went to the emergency room of WKMC. Mr. Marcantel appeared to be psychotic. The emergency department nurse, Patrick LeBlanc, placed Mr. Marcantel in a treatment room and began to process the necessary paperwork. Mr. Marcantel was holding a box and would not say what was in it. Doug Sanders and Billy Hays of hospital security were summoned. They asked Mr. Marcantel if they could look in the box. He agreed, asking if they were with the CIA. They determined that the box contained light bulbs. Mr. Marcantel said that he heard voices in his head telling him to do "crazy things." He refused to be specific about what the voices were commanding him to do. He stated that he felt that Nurse LeBlanc was "plotting with the rest of them" to manipulate his thoughts. Nurse LeBlanc told Mr. Marcantel that he would ask the physician on duty to see him. Mr. Marcantel stated that he would not let the doctor see him because the doctor was also trying to manipulate his thoughts. As Mr. Marcantel left the building, Nurse LeBlanc urged him to wait to see the doctor. He left and then returned within a couple of minutes and demanded his hospital chart. When his request was refused, Mr. Marcantel became loud and belligerent. Security was again called and Mr. Marcantel was told that if he did not want to stay for treatment, he needed to leave the hospital. He complied with their instructions, got into his vehicle and drove away.

Around 2:25 a.m., the Caddo Parish Sheriffs Office received a call regarding a disturbance in a wooded area near Mr. Marcantel's home. Shortly after deputies arrived, gunshots were fired, apparently by Mr. Marcantel. A crisis intervention team was called in to negotiate. Also, a special response team (SRT) was called in. This is a group of officers trained in such situations and in the use of automatic weapons. Around dawn, when Mr. Marcantel, brandishing weapons, advanced on the officers, he was shot and killed.

The plaintiffs, sisters of the decedent, convened a medical review panel. The panel concluded that the applicable medical standard required the nurse to inform the doctor of Mr. Marcantel's presence and his condition. Because the nurse failed to do so in this case, the medical review panel concluded that WKMC deviated from the applicable standard of care. However, the medical review panel found that the conduct complained of "was not a factor of the asserted resultant damages." In reasons for the conclusion, the medical review panel stated that there was insufficient evidence to conclude that the breach of the standard of care resulted in the subsequent shooting of Mr. Marcantel by the officers.

The plaintiffs settled with WKMC for an amount less than the statutory cap, reserving their right to seek additional compensation from the Louisiana Patient Compensation Fund (PCF).[1] The plaintiffs proceeded to jury trial against the PCF, claiming that Nurse LeBlanc's failure to notify the physician on duty, so that Mr. Marcantel could be detained for treatment on a physician's emergency commitment *221 (PEC), was a breach of the applicable standard of care and was a substantial factor in Mr. Marcantel's death.[2]

At the close of the evidence, the plaintiffs moved for directed verdicts on the issues of fault, causation, and damages. The trial court denied the motions. The case was submitted to the jury, which concluded in an 11 to one verdict that there was no breach of any duty owed by WKMC to Mr. Marcantel. The plaintiffs appealed, arguing that the trial court erred in failing to grant the directed verdicts and that the jury erred in its conclusion denying their claims for damages.

BREACH OF DUTY

The plaintiffs argue that the trial court erred in denying their motion for a directed verdict on the issue of fault. The plaintiffs contend that the action of the nurse, Patrick LeBlanc, in failing to notify the emergency room doctor of Mr. Marcantel's condition, was a breach of the applicable medical standards and resulted in their brother's death.

According to the plaintiffs, it is not disputed that the applicable standard of care required the emergency room nurse to inform the doctor on duty of Mr. Marcantel's condition so that he could be detained if necessary on a PEC. They contend that this duty was breached and that if the emergency room doctor had been informed of Mr. Marcantel's presence and condition, he would not have become involved in the altercation with sheriff's deputies which resulted in his death. The plaintiffs maintain that, at trial, each member of the medical review panel and the plaintiffs' expert witness, Dr. George Seiden, testified to that effect. The plaintiffs argue that, in agreeing that the standard of care was breached, the medical experts rejected the notion that Mr. LeBlanc did not have time to tell the emergency room doctor about Mr. Marcantel.

Dr. George Seiden, an expert in psychiatry, testified on behalf of the plaintiffs. He reviewed the medical review panel records, the narrative of Patrick LeBlanc and the statement of the hospital security officers who dealt with Mr. Marcantel. He determined that Mr. Marcantel was obviously psychotic when he arrived at the emergency room. He was agitated, paranoid, and was having hallucinations and delusions. Noting that security was called, Dr. Seiden concluded that Nurse LeBlanc must have determined that the patient was a danger to himself or others. According to Dr. Seiden, Mr. Marcantel should have been detained at the hospital, a doctor summoned and a PEC issued.

Dr. Richard Williams, a member of the medical review panel, was accepted as an expert in psychiatry and addiction medicine. He testified that WKMC failed to meet the applicable standard of care in this case. According to Dr. Williams, when Mr. Marcantel came to the emergency room, he was obviously psychotic. The nurse's failure to contact a physician was a violation of the applicable medical standards. Dr. Williams concluded that there was plenty of time to notify a physician so that a PEC could have been issued. Dr. *222 Williams noted that the medical review panel did not conclude that the conduct of Nurse LeBlanc was a contributing factor in Mr. Marcantel's death.

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Cite This Page — Counsel Stack

Bluebook (online)
786 So. 2d 218, 2001 La. App. LEXIS 937, 2001 WL 487185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellard-v-willis-knighton-medical-center-lactapp-2001.