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Salvant v. State, Board of Supervisors of Louisiana State University

Citations: 904 So. 2d 946; 2004 La.App. 4 Cir. 0805; 2005 La. App. LEXIS 1576; 2005 WL 1398853Docket: No. 2004-CA-0805

Court: Louisiana Court of Appeal; June 1, 2005; Louisiana; State Appellate Court

Narrative Opinion Summary

This case involves an appeal by the plaintiffs against a district court's dismissal of their medical malpractice claim related to the delivery of their son, who suffered a brachial plexus injury allegedly caused by excessive force during birth. The plaintiffs, challenging the State of Louisiana and various medical professionals, argued that the medical team failed to adhere to the standard of care during delivery, particularly in managing shoulder dystocia. Despite a medical review panel's finding of no breach of care, the appellate court reversed the dismissal, supporting the plaintiffs' assertion that the injury resulted from improper delivery maneuvers and excessive traction. The court applied the doctrine of res ipsa loquitur to suggest negligence, given the circumstances of the injury. Testimonies from medical experts conflicted, with the plaintiffs' experts attributing the injury to negligent actions, while the defense argued for natural causes. The appellate court determined that the trial court erred in its findings, ultimately ruling in favor of the plaintiffs and awarding damages, establishing the defendants' negligence in causing the child's permanent injury.

Legal Issues Addressed

Application of Res Ipsa Loquitur in Medical Negligence

Application: The court recognized the doctrine of res ipsa loquitur as applicable due to the nature of the injury, suggesting negligence in the absence of other credible explanations.

Reasoning: In a second assignment of error, the appellants contended that the district court erroneously did not apply the doctrine of 'res ipsa loquitur,' despite evidence indicating that the stretching of the brachial plexus nerve typically requires excessive force.

Burden of Proof in Medical Malpractice Cases

Application: The appellate court found that the plaintiffs met their burden of proof by demonstrating that the child's brachial plexus injury was caused by excessive force applied during delivery.

Reasoning: The appellate court found merit in the appellants' assignment of error, ruling that the district court was clearly wrong in determining that the plaintiffs failed to meet their burden of proof regarding the causation of the child's brachial plexus nerve injury.

Credibility of Testimony in Establishing Medical Negligence

Application: The appellate court favored the plaintiffs' testimony and expert witnesses, which conflicted with the defense’s accounts, in establishing negligence.

Reasoning: The plaintiffs' testimony was found to be more credible than the defense's, which was marred by inconsistent accounts.

Manifest Error Review in Appellate Proceedings

Application: The appellate court found that the trial court's findings were manifestly erroneous due to the misinterpretation of evidence regarding the standard of care and causation.

Reasoning: The appellate court referenced the standard of review, emphasizing that it may not overturn a trial court's factual findings unless there is manifest error.

Standard of Care in Medical Malpractice

Application: The court emphasized that deviations from the standard of care, such as improper traction during delivery, were evident and led to the injury.

Reasoning: Dr. O’Leary asserted that applying traction to the infant's head while the shoulders were impacted was inappropriate, as pulling straight-out could risk injury to both shoulders.