A wrongful death trial brought by the estate of Althea LaCoste against a New Orleans, Louisiana, hospital recently ended in a confidential settlement. The settlement is a disappointment to many in the legal community, who feel the case might have resulted in a landmark decision had litigation continued. Ms. LaCoste was a patient at the Pendleton Memorial Methodist Hospital during Hurricane Katrina in 2003. The hospital was owned by Universal Health Services of Pennsylvania, Inc. The lawsuit alleged that a power failure which occurred during the storm led to the eventual death of Ms. LaCoste.
Many in the legal community anticipated a decision which would determine a hospital’s liability for disaster planning and the lack thereof. The hospital had gone without power for over eighteen hours during the storm. Ms. LaCoste, who required the use of a portable ventilator to help her breathe, lived through the storm but died shortly thereafter.
Lawyers for the LaCoste estate brought a wrongful death action against the hospital because medical malpractice liability is capped in the State of Louisiana. The case was based on the negligent placement of a fuel pump which failed due to flooding from the storm. When Universal Health Systems of Pennsylvania purchased the hospital in 2003, they were not alerted of a 2002 letter indicating that the fuel pump was susceptible to such flooding. Larry Graham, who became the hospital’s CEO following its purchase by Universal Health Systems, testified that he never familiarized himself with the details of the emergency power system.
In an attempt to shift the reason for her death from the hospital’s power failure to natural causes, the defense team built their case on Ms. LaCoste’s poor health. The settlement kept the jury from deliberating on the merits of the case, leaving questions unanswered for the numerous related cases currently in litigation. One case in particular involves similar circumstances with a younger and healthier plaintiff. That lawsuit also alleges the hospital should have evacuated its patients prior to Hurricane Katrina’s arrival. Only time will tell as to whether a case will go to a jury for determination on the issues, or whether more confidential settlements are to come.
Medical malpractice encompasses not only the relationship between doctors and patients, but also—as evidenced by the New Orleans cases—the relationships between hospitals and their patients. A decision on the issue of hospital liability for disaster planning would be landmark in the sense that it would greatly increase the level of duty and responsibility of hospitals towards their patients, thus creating to an overall change in our health care system.
Medical malpractice affects the quality of life for not only the victim, but the victim’s family, friends and loved ones. The lawyers at pamedicalmalpracticeattorney.com are experienced and successful in the area of medical malpractice lawsuits. For a free and confidential consultation, please visit www.pamedicalmalpracticeattorney.com and fill out our “Get help now” section.
