Jackson v. Huang

514 So. 2d 727
CourtLouisiana Court of Appeal
DecidedOctober 28, 1987
Docket19072-CA
StatusPublished
Cited by15 cases

This text of 514 So. 2d 727 (Jackson v. Huang) 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
Jackson v. Huang, 514 So. 2d 727 (La. Ct. App. 1987).

Opinion

514 So.2d 727 (1987)

Lester JACKSON, Individually and as Administrator for the Minor Child Kerick Jackson and Bertha Jackson, Appellees,
v.
Dr. Ta Yu HUANG and Insurance Company of America, Appellants.

No. 19072-CA.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1987.
Rehearing Denied November 25, 1987.
Writ Denied January 29, 1988.

Broussard, Bolton, Halcomb and Vizzier by Daniel E. Broussard, Jr., Alexandria, for appellees.

Theus, Grisham, Davis & Leigh by Ronald L. Davis, Monroe, Culpepper, Teat, Caldwell and Avery by Bobby L. Culpepper, Jonesboro, for appellants.

Before MARVIN, FRED W. JONES, Jr., and LINDSAY, JJ.

*728 FRED W. JONES, Jr., Judge.

The parents of a child injured at birth sued the attending physician and his malpractice insurer for damages. The jury deadlocked (6-6) and a mistrial was declared. By agreement the case was submitted on the record to another judge of the same judicial district, who rendered a judgment in favor of plaintiffs for a total of $467,324.

From this judgment the defendants appealed, contending the trial judge erred in:

1) Finding that Dr. Huang failed to possess or exercise the care and skill expected of him.
2) Finding that Dr. Huang failed to exercise reasonable care and diligence along with his best judgment in the treatment of his patients.
3) Assessing future lost income, future medical expenses and assessing excessive general damages.
4) Interpretation of the evidence and factual conclusion.

Mrs. Bertha Jackson is the mother of two children. The first was born in Shreveport in 1972, with no complications attending the delivery. Upon becoming pregnant a second time, in the summer of 1982, Mrs. Jackson consulted Dr. Huang of Jonesboro, who had been her physician since 1981.

Dr. Huang saw Mrs. Jackson in his office a number of times over the next several months and eventually fixed a delivery date of March 25, 1983. It was expected that the baby would weigh around nine pounds.

Experiencing labor pains, Mrs. Jackson went to the Jackson Parish Hospital during the early hours of April 1, 1983 and remained in the labor room from 4:00 A.M. until 8:30 A.M. Dr. Huang examined Mrs. Jackson at that time and instructed the nurses to take her to the delivery room. Dr. Huang gave his patient an epidural anesthesia and she was returned to the labor room. The doctor gave Mrs. Jackson additional epidurals at 10:47 A.M., 12:00 noon and at 1:20 P.M. Because of a slowdown in labor (attributed by Dr. Huang to the epidurals), at about 2:00 P.M. the physician ordered laboratory work for a Caesarian section if there was no progress in the active labor (anticipating about 30 minutes for the preparations).

Mrs. Jackson's labor then accelerated and she was taken to the delivery room at about 2:15 P.M. When Dr. Huang arrived in the delivery room the baby's head was crowning. With the assistance of low forceps, Dr. Huang delivered the baby's head. He then tried to deliver the anterior shoulder but was unable to do so. Confronted with this situation, Dr. Huang attempted to use the Woods screw maneuver. This was unsuccessful. He next pulled the posterior arm out, freed the posterior shoulder, and delivered the baby. The baby's right arm was flaccid following delivery. The child weighed 9 pounds, 10 ounces.

It was later determined that the baby (Kerick) sustained a permanent injury to the brachial plexus nerves of his right shoulder and arm while being delivered. This litigation ensued and trial was had in August 1985.

Dr. Forte, head of Family Practice at the LSU Medical School in Shreveport and board certified in OB/GYN, testified on behalf of the plaintiffs. This witness stated that he had delivered or supervised the delivery of several thousand babies over the years. He explained that shoulder dyscotia (which complicated this birth) occurs when the baby's shoulder hangs up under the pubic bone in the birth canal, arresting the progress of the child through the canal. It is important with shoulder dyscotia not to pull on the baby but only to guide it along the axis by rotating your hand. Upon encountering this emergency, the physician should first reach up and push down on the baby's shoulder to see if that will make it come loose. If this does not succeed, the second method is to push on the buttocks of the child to give some extra pressure. Where required, there are two other maneuvers, the Woods screw method or extracting the arm. As a last resort, Dr. Forte said he would break the baby's collar bone, allowing that shoulder to collapse and the baby to deliver.

*729 Dr. Forte explained that, if the attending physician is not expecting shoulder dyscotia and pulls too hard, the brachial nerve may be torn. It was his belief that Dr. Huang had failed to recognize shoulder dyscotia in this case until he had already pulled so hard that Kerick's nerve was injured. In other words, according to this witness Dr. Huang applied excessive traction on the baby's head before realizing that he was dealing with shoulder dyscotia, which he should have recognized beforehand and avoided the injury. Dr. Forte testified that factors frequently occurring in shoulder dyscotia are large size of baby (over 9 pounds) and a slowdown in the active phase of labor. In this case, in view of the normal delivery of the first child, the weight of this baby and the slowdown in active labor, Dr. Forte said Dr. Huang should have performed a timely Caesarian section, which would have avoided this injury.

Dr. Forte examined the delivery notes made by Dr. Huang and pronounced them very incomplete. He pointed out that this was an obstetrical emergency involving a serious complication and should have been described in some detail.

In conclusion, Dr. Forte expressed the opinion that Dr. Huang did not possess this knowledge and skill and in the failure to exercise reasonable care, Kerick's injury occurred.

Glenda Bond, registered nurse who attended Mrs. Jackson and assisted with this delivery, testified that Mrs. Jackson's labor was more lengthy than usual for a second delivery, but otherwise seemed normal. She said that the baby was delivered with "much traction." The doctor first tried to rotate the baby by using his fingers on the head and neck. Then he tried getting one arm out and pulling on it. The witness stated the doctor was surprised that, after the head delivered normally, the shoulders were stuck. The baby was flaccid at birth.

Dr. Huang, 46 years of age, testified he was a native of Taiwan, where he received most of his education. After graduating from medical school, which was accredited by the American Association of Medical Schools, he served one year as a medical officer in the Chinese Air Force and then moved to the Chicago area where he interned at a hospital in OB/GYN. After residencies in New Jersey and Ohio, Dr. Huang practiced three years in Minneapolis where he was a member of a group that specialized in OB/GYN. He relocated to Jonesboro some nine years ago. In connection with board certification, Dr. Huang said he had passed the written part of the examination but twice failed the oral portion. In 12 years of practice he had delivered about 2500 babies.

With reference to Mrs. Jackson's delivery, Dr. Huang explained that he did not make notes of the position of the baby as it progressed but kept that information in his head. He considered the progression of labor to be normal, slowed down a little by the epidurals.

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Bluebook (online)
514 So. 2d 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-huang-lactapp-1987.