Louisiana Health Law

Proving Standard of Care I - Hastings v. Baton Rouge General Hosp., 498 So.2d 713 (La. 1986), rehearing denied (Jan 08, 1987)

How was plaintiff injured?

How serious was the injury?

Where did he go for care?

When did he show up?

Who was the physician in charge of his care there?

Did the doc get him stabilized?

What did the doc think need done?

Who did he call to do it?

How far away did the doc he called live?

What did this doc recommend?

Why?

What did he claim later to justify this recommendation?

Was Earl Long better equipped to care for him?

What technology were they missing that was available where we was?

What happened when the plaintiff was disconnected from the chest tube pump?

Why was he disconnected?

What happened to the patient and when?

What did the trial court do?

What is the standard for a directed verdict in LA?

What is the statutory standard for hospitals to provide emergency services?

What is the statutory standard for physician services?

Does LA use a locality rule for specialists?

What did the Hospital bylaws require that Dr. Gerdes do that he did not do?

Why can't he use ignorance as a defense?

What did the Hemingway case hold about when the plaintiff is not required to put on expert testimony?

Did Hemingway require proof of a community (locality) standard for hospitals?

When did the Butts case say no expert testimony was necessary?

What does Thomas v. Corso tell us about the necessity of expert testimony on whether the on-call physician was negligent?

Do we know for sure that plaintiff would have lived with proper care?

Can there be more than one cause in fact in LA?

What is the lost chance theory?

Does the Court adopt it in this case?

What is the policy behind lost chance, i.e., what is the result if the court requires the physicians actions to be the sole cause of death?

Were either of the defendant physicians employed by the hospital?

How did the court justify holding the hospital liable for their negligence?

What did the court rule?