Ledoux v. Chandrasekaran
Docket: No. 88-CA-2354
Court: Louisiana Court of Appeal; September 28, 1989; Louisiana; State Appellate Court
Leonard Ledoux, as curator for his mother Ludovine Ledoux, initiated a medical malpractice lawsuit against F. Edward Hebert Hospital and Dr. N. Chandrasekaran. During the trial, the court granted a directed verdict for Dr. Chandrasekaran but denied it for the hospital. The jury found the hospital not guilty of negligence related to the plaintiff's injuries. Ledoux appeals this decision, arguing that the court erred in granting the directed verdict for the doctor and that the jury was manifestly erroneous in absolving the hospital of fault. In July 1984, Mrs. Ledoux suffered a stroke and was treated at River Parish Hospital, where she underwent a craniotomy and tracheostomy. After stabilization, she was transferred to F. Edward Hebert Hospital for rehabilitation, where she developed a significant bedsore. Ledoux claims that the hospital failed to timely address the bedsore and that Dr. Chandrasekaran did not adequately supervise hospital staff to ensure proper care. The legal standards for proving medical malpractice in Louisiana are outlined under LSA-R.S. 9:2794, requiring the plaintiff to demonstrate the standard of care expected from medical professionals, that the defendant failed to meet this standard, and that such failure resulted in the plaintiff's injuries. The plaintiff must prove that hospital personnel deviated from recognized standards of care and establish the specific duties owed to the patient by hospital staff. The plaintiff's expert, Dr. Rothschild, indicated that it is essential for hospital staff to identify early-stage bedsores and inform the treating physician to receive appropriate care. Dr. Chandrasekaran ordered Tegaderm for Mrs. Ledoux's bedsore on September 5, one week after her admission to F. Edward Hebert Hospital. Two days later, the treatment changed to wet/dry dressing, which Dr. Rothschild acknowledged as an acceptable method for treating bedsores. Dr. Brobson Lutz confirmed that nursing staff noted the bedsore on September 5 and that the subsequent dressing change indicated a worsening condition. He stated that Mrs. Ledoux had high-risk factors for bedsores but received appropriate treatment, including being turned every two hours. The court upheld the trial ruling that the hospital was not at fault, affirming that the jury had a solid basis for their findings. The plaintiff's claim that the trial court erred in granting a directed verdict in favor of Dr. Chandrasekaran was rejected. Louisiana law stipulates that a physician is not negligent if they meet the standard of care typical for their profession. None of the testifying doctors indicated that Dr. Chandrasekaran lacked necessary skills or care in his treatment. The plaintiff's argument regarding the doctor's infrequent visits did not meet the burden of proof required under LSA-R.S. 9:2794, as expert testimony confirmed that daily visits are not essential once a bedsore diagnosis is established. Consequently, the court affirmed the trial court's judgment in favor of Dr. Chandrasekaran.