Hospital sued after emergency personnel allegedly misdiagnosed stroke victim as being under influence of alcohol

GRETNA – The family of a deceased man is suing a local hospital whose paramedics allegedly diagnosed him as having had too much to drink and not taking him to the hospital when he had actually had a stroke.

Gail Martin, Michael Martin and John Martin, individually and on behalf of Gaynell Martin deceased, filed suit against Jefferson Parish Hospital District #2, East Jefferson General Hospital and East Jefferson General Hospital Emergency Medical Services in the 24th Judicial District Court on Nov. 21.

The Martins claim the Gaynell Martin woke up at 3 a.m. on Dec. 23, 2007 favoring one leg and unable to speak at which time his wife, Gail, called 911 to report he was experiencing health problems. Despite Gail’s claims that they had last had an alcoholic drink 12 hours earlier, the plaintiffs assert EMT personnel from East Jefferson Parish Hospital arrived on the scene and determined that Gaynell had too much to drink and that is why he was only able to say one word when prompted to speak and that nothing was wrong with him.

At 7 a.m. the next morning the Martins allege Gaynell was able to walk to the kitchen, but could not speak and Gail again called 911 as well as her son. After being transported to the hospital Gaynell was diagnosed as having had a stroke and that he remained in the hospital until Jan. 21, 2008 before being transferred to a rehabilitation facility and never regaining his ability to speak before his death on Feb. 27, 2010.

The defendant is accused of failing to perform a proper assessment of petitioner’s condition, failing to document clinical findings, failing to transport the deceased to the hospital and failing to refrain from making or suggesting a diagnosis.

An unspecified amount in damages is sought for pain and suffering, disability, mental suffering, medical expenses, fear of impending death, loss of enjoyment of life, mental suffering, loss of consortium,loss of a parent and funeral expenses.

The Martins are represented by Thomas A. Gennusa of Metairie-based Gennusa, Piacun & Ruli.

The case has been assigned to Division G Judge Robert A. Pitre Jr.

Case no. 733-171.