Wrongful death suit filed by father whose daughter died following operation

Catherine Melancon Nov. 13, 2012, 10:00am

Peter "Q" John

BATON ROUGE – A Baton Rouge man has filed a wrongful death suit after his daughter allegedly died following surgery.

Ado Woodard filed suit against Dr. James Robert Upp, Jr. in the 19th Judicial Court on Oct. 29. The plaintiff is filing suit on behalf of his deceased minor daughter after she received treatment from Upp on Oct. 28, 2009. Woodard claims that his wife signed consent forms for their daughter to have laparoscopic surgery on Oct. 30, 2009. Upp allegedly told the plaintiff that he would only use the laparoscopic procedure, not the "cut and open" due to scar tissue. The plaintiff alleges that upon viewing medical records and documentation on April 3, he discovered that Upp used the cut and open procedure on his daughter.

The defendant is accused of breaching the contract, causing the plaintiff's daughter to suffer damages that she would not have otherwise suffered, using open and cut procedure instead of laparoscopic, battering the plaintiff's daughter by using unconsented contact and wrongful death.

An unspecified amount in damages is sought for mental anguish, grief and pain, loss of enjoyment of life, loss of life, attorney's fees and medical expenses.

Woodard is represented by Peter "Q" John of The Q Firm.

The case has been assigned to Division I Judge R. Michael Caldwell.

Case no. 616639.

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