Hypolite v. Columbia Dauterive Hosp.

968 So. 2d 239, 7 La.App. 3 Cir. 357, 2007 La. App. LEXIS 1815, 2007 WL 2851006
CourtLouisiana Court of Appeal
DecidedOctober 3, 2007
Docket07-357
StatusPublished
Cited by7 cases

This text of 968 So. 2d 239 (Hypolite v. Columbia Dauterive Hosp.) 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
Hypolite v. Columbia Dauterive Hosp., 968 So. 2d 239, 7 La.App. 3 Cir. 357, 2007 La. App. LEXIS 1815, 2007 WL 2851006 (La. Ct. App. 2007).

Opinion

968 So.2d 239 (2007)

Barbara HYPOLITE
v.
COLUMBIA DAUTERIVE HOSPITAL, et al.

No. 07-357.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2007.

*240 Kenneth Michael Henke, Special Assistant Attorney General, Lafayette, LA, for Defendants/Appellees, Louisiana Patients' Compensation Fund, Dr. Donald R. Blue, and Columbia Dauterive Hospital.

George Allen Walsh, Baton Rouge, LA, Lucretia Pecantte-Burton, New Iberia, LA, for Plaintiff/Appellant, Barbara Hypolite.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MICHAEL G. SULLIVAN, and J. DAVID PAINTER, Judges.

THIBODEAUX, Chief Judge.

The plaintiff-appellant, Barbara Hypolite George (Ms. Hypolite)[1], filed a medical malpractice action against the Louisiana Patients' Compensation Fund (PCF), Dauterive Hospital Corporation, Inc., and an obstetrician, Dr. Donald Blue. Ms. Hypolite sought damages arising out of alleged negligent care received during her labor-inducement and subsequent period of labor, which she claims led to a ruptured uterus and subsequent hysterectomy. The jury trial ended in a verdict in favor of the defendants and against Ms. Hypolite. Ms. Hypolite has appealed, claiming that the jury erred in finding that the defendants did not breach their respective standards of care. We affirm.

*241 I.

ISSUE

We shall consider whether the plaintiff presented sufficient evidence at trial to establish that the defendants breached their applicable standards of care.

II.

FACTUAL BACKGROUND

On June 4, 1998, Ms. Hypolite began receiving prenatal care for a high-risk pregnancy at the Women and Children's Clinic of Columbia Dauterive Hospital (Dauterive), located in New Iberia, Louisiana. At the time, she was approximately five months pregnant with her second child and was a month away from her thirty-sixth birthday. On her initial visit to Dauterive her blood pressure was 128/60, and at a height of five feet, one inch, she weighed 213.5 pounds and was considered obese. She was diagnosed with immune thrombocytopenia, a condition signifying low blood platelet counts; platelets are essential for blood clotting.

Ms. Hypolite also exhibited a number of other factors signifying a possible high-risk pregnancy. They included: possible hypertension, a prior thirty-three week, pre-term delivery of a child weighing three pounds, nine ounces; a history of alcohol abuse, which also occurred during that prior pregnancy; a history of marijuana and crack cocaine use (her admitted last use of crack cocaine was ten months prior to her June 4th prenatal visit); and, the fact that she was a smoker.

The sequence of events giving rise to the complaints of negligent medical care began on Friday, September 25, 1998. Ms. Hypolite was assessed by Allison Clark, a nurse midwife, during a scheduled prenatal appointment. The pregnancy had reached term, and an ultrasound showed that the baby was large, weighing possibly nine or ten pounds. Ms. Hypolite's weight had increased to 237.5 pounds. She was assessed for pre-eclampsia and showed an elevated blood pressure of 142/85. It was determined that labor would be induced on Monday, September 28, 1998, due to the baby's possible large size, her elevated blood pressure, and a moderately low blood platelet count.

Ms. Hypolite arrived alone on the morning of September 28, 1998, for the scheduled induction. At approximately 6:00 a.m., Rebecca Davis, another nurse midwife, explained to Ms. Hypolite the induction process and the options of undergoing a caesarean delivery or a trial of labor and a vaginal delivery. Ms. Hypolite opted for the inducement of labor and a natural, vaginal delivery. Ms. Davis explained that the induction would be instituted using an intravaginal insertion of the drug Cytotec, which would aid contractions and the ripening of the cervix. She also advised Ms. Hypolite about the risks of the use of Cytotec. One of the risks was a possibility that the uterus could react too strongly to the drug and that a risk of its use was also uterine rupture. Ms. Hypolite verbally consented to the use of the Cytotec for the induction. Eve Talley, a registered nurse who cared for Ms. Hypolite that day until her shift ended at 3:15 p.m., witnessed this exchange between Ms. Hypolite and Ms. Davis.

A pelvic examination was performed by Ms. Davis, revealing that Ms. Hypolite's cervix was 50% effaced and was one centimeter dilated. Ms. Hypolite's platelet count remained moderate. The first dosage of Cytotec was then administered by Ms. Davis at 7:03 a.m. Regular uterine contractions began. Ms. Hypolite received a second dosage of Cytotec five hours and forty-five minutes later, at 12:45 p.m. Her labor continued through the afternoon. *242 Ms. Hypolite complained of severe pain and distress throughout her trial of natural labor that day.

That afternoon, Ms. Hypolite began showing increased blood pressure. At approximately 4:45 p.m., her blood pressure was 155/80. At 4:50 p.m., Ms. Hypolite's blood pressure was 179/103. Dr. Blue was notified of the elevated pressure, and at 5:00 p.m., he examined Ms. Hypolite. Her blood pressure was 160/120, and fetal bradychardia, which is a slowed heart rate and an indicator of fetal distress, was noted. The baby's baseline heart rate was 70-90 beats per minute, which was below the normal heart rate range. Ms. Hypolite was unsuccessfully repositioned several times to attempt to increase the baby's heart rate. Dr. Blue consequently ordered an emergency cesarean delivery. Ms. Hypolite signed consent forms prior to undergoing the procedure.

Dr. Blue successfully delivered a ten pound baby boy via cesarean section. After the removal of the placenta and membranes, Dr. Blue discovered a tear in the left side of Ms. Hypolite's uterus and a broad ligament hematoma, which dissected into the upper part of the uterus and the lateral wall. Ms. Hypolite was bleeding heavily, and it was determined that her uterus was only connected to the cervix by three to four centimeters, posteriorly. Dr. Blue determined that the damage was too severe and that a total abdominal hysterectomy would be necessary. He proceeded to perform the procedure. Ms. Hypolite lost an estimated 1,000 cubic centimeters of blood and was transfused with two units of packed cells. She was transferred to the intensive care unit where she recovered well.

Ms. Hypolite subsequently filed a complaint of medical malpractice with the State of Louisiana for substandard care she claims to have received from the nursing staff and Dr. Blue. All medical records were submitted for review to a medical review panel consisting of three physicians with specialties in Obstetrics and Gynecology. The panel found that there was no breach of the applicable standards of care by either Dr. Blue or the nurses at Dauterive.

Ms. Hypolite proceeded to file a suit for damages in state court.[2] That suit alleged that the Dauterive nurses breached the standard of care required under the circumstances because they: (1) failed to properly monitor and timely respond to her distress following insertion of the Cytotec pills; (2) failed to obtain her informed consent for the use of Cytotec to induce labor; (3) failed to timely summon a doctor when expert medical attention was needed; and (4) acted unreasonably by administering Cytotec to her without a specific physician's order directing its use. Ms. Hypolite claimed that Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
968 So. 2d 239, 7 La.App. 3 Cir. 357, 2007 La. App. LEXIS 1815, 2007 WL 2851006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hypolite-v-columbia-dauterive-hosp-lactapp-2007.