Hoot v. Woman's Hosp. Foundation

691 So. 2d 786, 1997 WL 156809
CourtLouisiana Court of Appeal
DecidedMarch 27, 1997
Docket96 CA 1136
StatusPublished
Cited by10 cases

This text of 691 So. 2d 786 (Hoot v. Woman's Hosp. Foundation) 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
Hoot v. Woman's Hosp. Foundation, 691 So. 2d 786, 1997 WL 156809 (La. Ct. App. 1997).

Opinion

691 So.2d 786 (1997)

Anna L. HOOT, et al.
v.
WOMAN'S HOSPITAL FOUNDATION, et al.

No. 96 CA 1136.

Court of Appeal of Louisiana, First Circuit.

March 27, 1997.
Rehearing Denied April 25, 1997.

*787 Michael C. Palmintier, Baton Rouge, for Plaintiffs/Appellants, Anna L. Hoot, et al.

Daniel A. Reed, Baton Rouge, for Defendant/Appellee, Dr. Guillermo E. Delgado.

Mary H. Thompson, Baton Rouge, for Defendant/Appellee, Woman's Hospital Foundation.

Before CARTER, LeBLANC and PARRO, JJ.

CARTER, Judge.

This appeal arises out of a trial court judgment on a jury verdict in a suit for medical malpractice.

FACTUAL BACKGROUND

In May, 1985, Anna L. Hoot was unwed and pregnant. Ms. Hoot contacted the Baton Rouge Diocese Catholic Community Services, which directed her to programs that provided medical care, including the services of Guillermo E. Delgado, M.D., a Baton Rouge obstetrician.

In July, 1985, at her twenty-sixth week of pregnancy, Ms. Hoot became a patient of Dr. Delgado. Ms. Hoot's pregnancy was relatively uneventful until September of 1985, when she began having contractions. Ms. Hoot was admitted to Woman's Hospital on the evenings of September 28, 29, and 30, 1985. On each occasion, Ms. Hoot was released with a diagnosis of abdominal pain/ false labor.

On October 1, 1985, Dr. Delgado examined Ms. Hoot in his office. Dr. Delgado's examination revealed a thinning and dilation of Ms. Hoot's cervix. As a result, Dr. Delgado referred Ms. Hoot to Woman's Hospital. While confined at Woman's Hospital, Ms. Hoot was placed on Pitocin, a medication which stimulates contractions of the uterus. At this time, Ms. Hoot was in her thirty-sixth week of pregnancy. At approximately 7:59 p.m. on October 2, 1985, Ms. Hoot gave birth to an almost six-pound son, Dustin Hoot.

Following his birth, Dustin's APGAR scores were very high. After a short stay in the nursery, Dustin developed a condition known as Respiratory Distress Syndrome (RDS) and was transferred to the neonatal intensive care unit (NICU). While in NICU, Dustin's condition worsened, requiring him to be placed on a ventilator. Doctors managed the RDS successfully, but Dustin developed complications, including an infection which led to a reduction in his blood platelet count. Dustin suffered a cerebral hemorrhage, resulting in multiple disabilities, including blindness, cerebral palsy, diabetes insipidus, and severe mental retardation. Dustin remained hospitalized until his discharge on January 9, 1986. Shortly after his second birthday, Dustin died.

Ms. Hoot subsequently filed a complaint against Woman's Hospital Foundation (Woman's Hospital) and Dr. Delgado for their alleged medical malpractice and requested review by a medical review panel. On January 30, 1989, the three-member medical review panel unanimously concluded that the evidence submitted did not support the conclusion that Woman's Hospital and Dr. Delgado failed to meet the applicable standard of care as charged in the complaint. The panel also determined that Dr. Delgado's conduct was not a factor in the resultant damages.

*788 On March 30, 1989, Ms. Hoot, individually and as administratrix of the estate of the minor child, Dustin, filed a suit for medical malpractice against Woman's Hospital,[1] Dr. Delgado, and the medical malpractice insurers of both health care providers. In her petition, Ms. Hoot alleged that, as a result of the defendants' conduct prior to, during, and following the birthing process, the child sustained severe, debilitating, and fatal injuries. In amended petitions, Ms. Hoot alleged that Dr. Delgado chemically induced her delivery of Dustin and that, as a result, Dustin was born prematurely. Ms. Hoot also particularized the acts of Dr. Delgado's alleged negligence.

In response, Dr. Delgado filed an answer, denying the allegations of Hoot's petition and averring that, throughout his treatment of Ms. Hoot, he possessed and exercised every professional skill, care, and attention of which he was capable by his education, training, and experience. Moreover, Dr. Delgado claimed that his actions were reasonable and conformed to the customs, procedures, and practices of other physicians in the field of obstetrics and gynecology. Dr. Delgado's answers to the amended petitions alternatively averred that Ms. Hoot's smoking during her pregnancy, against her physician's advice, greatly enhanced the risks to Dustin and that the complications suffered by Dustin were caused by the actions of third persons for whom Dr. Delgado was not liable.

The matter proceeded to a trial by jury. On December 1, 1994, the jury returned the following verdict:

1. Do you find that DR. GUILLERMO DELGADO fell below the standard of care required of him in this case? YES X NO ___ 2. Do you find DR. GUILLERMO DELGADO'S failure to meet the standard of care caused the injuries and death of Dustin Hoot? YES ___ NO X 3. Please state the total amount of damages expressed in dollars sustained by Dustin Hoot: a. Medical expenses: $______ b. Physical pain and suffering $______ c. Mental anguish and distress $______ 4. Please state the total amount of damages expressed in dollars sustained by Anna Hoot: a. Loss of love, affection and companionship $______ b. Grief and anguish $______ c. Funeral expenses $______ Baton Rouge, Louisiana, this 1st day of December, 1994. s/ Christy Odendahl JURY FOREMAN

On December 8, 1994, the trial court rendered judgment in accordance with the jury's verdict in favor of Dr. Delgado, dismissing, with prejudice, Ms. Hoot's claims, individually and as administratrix of Dustin's estate. Ms. Hoot was cast with all court costs, including expert witness fees.

On December 19, 1994, Ms. Hoot filed motions for judgment notwithstanding the verdict (JNOV) and, alternatively, for a new trial. By judgment, dated December 5, 1995, Ms. Hoot's motions were denied.

Ms. Hoot filed a motion for appeal from the December 8, 1994, and December 5, 1995, judgments. In her appeal, Ms. Hoot assigned the following errors:

1. The jury erred in having found that the defendant's failure to meet an acceptable standard of care did not cause the losses sued on in the appellant's case.
2. The trial court erred in having denied the plaintiff's motions for Judgment Notwithstanding the Verdict or for New Trial.[2]

*789 CAUSATION

Ms. Hoot contends that the jury erred in its determination that the breach of the standard of care by Dr. Delgado was not a cause of the injury or death of Dustin.[3]

Pursuant to LSA-R.S. 9:2794 A, to prevail in a medical malpractice action, a plaintiff must prove by a preponderance of the evidence:

(1) The degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians ... licensed to practice in the state of Louisiana and actively practicing in a similar community or locale and under similar circumstances; and where the defendant practices in a particular specialty and where the alleged acts of medical negligence raise issues peculiar to the particular medical specialty involved, then the plaintiff has the burden of proving the degree of care ordinarily practiced by physicians ... within the involved medical specialty.

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

Related

Cahanin v. Louisiana Medical Mutual Insurance Co.
235 So. 3d 1250 (Louisiana Court of Appeal, 2017)
Thibodaux v. LEONARD J. CHABERT MED. CENTER
981 So. 2d 686 (Louisiana Court of Appeal, 2007)
Webster v. Ballard
961 So. 2d 13 (Louisiana Court of Appeal, 2007)
Lieux v. Mitchell
951 So. 2d 307 (Louisiana Court of Appeal, 2006)
Alphonse v. Acadian Ambulance Services, Inc.
844 So. 2d 294 (Louisiana Court of Appeal, 2003)
LeBlanc v. Barry
790 So. 2d 75 (Louisiana Court of Appeal, 2001)
Dumont v. Maaliki
769 So. 2d 1230 (Louisiana Court of Appeal, 2000)
Bradbury v. Thomas
757 So. 2d 666 (Louisiana Court of Appeal, 1999)
Lovelace v. Giddens
740 So. 2d 652 (Louisiana Court of Appeal, 1999)
Robertson v. Northshore Regional Medical Center
723 So. 2d 460 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
691 So. 2d 786, 1997 WL 156809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoot-v-womans-hosp-foundation-lactapp-1997.