![]() ![]() 2d 107 (La.1987), in order to consider the court of appeal's ruling on causation in light of our decision in Hastings v. We granted the plaintiffs' application for a writ of review, 519 So. The court of appeal affirmed, agreeing with the trial court that the defendants were negligent, but also agreeing that there was no causal link between the negligence and the death. However, the trial court entered judgment for the defendants upon finding that the plaintiffs did not prove that defendant's negligence caused decedent's heart attack and subsequent death. Smith's condition during the period that she was in the emergency room prior to her death. Smith's heart condition and render preventive treatment.Īfter a trial on the merits, the district court found that the defendants' treatment of the decedent was negligent, chiefly because of the failure of the hospital staff to administer timely an electrocardiogram (EKG) and the failure of the attending nurses and physician to monitor properly Mrs. Smith's death was caused by the negligent failure of the emergency room staff to observe and treat the decedent properly, and to perform promptly the necessary tests which would have allowed them to diagnose Mrs. Edward Staudinger, the emergency room physician on duty on the night in question. The defendants are the State, through the Department of Health and Human Resources, as operator of the hospital, and Dr. An hour later, after unsuccessful rescusitation efforts (CPR), she was pronounced dead. ![]() Smith was still under observation in the emergency room, she began exhibiting symptoms of cardiac arrest. About four and one-half hours later, while Mrs. Long Charity Hospital in Rapides Parish on December 10, 1982, at which time she complained that she was feeling bad and experiencing shortness of breath. Smith was admitted to the emergency room at the Huey P. This is a wrongful death and survival action brought by the surviving spouse and children of one Ellie Smith. Wheelis, Provosty, Sadler & deLaunay, Alexandria, for respondents. *816 Russell Tritico, Lake Charles, for applicants.įrederick Alexius, Stephen D. STATE of Louisiana Through the DEPARTMENT OF HEALTH AND HUMAN RESOURCES ADMINISTRATION and Dr. ![]()
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