Lizzy Fitzsousa Mar. 10, 2014, 10:24pm

NEW ORLEANS – The family of a local man is suing his doctor for alleged medical malpractice after the man died of pneumonia in his home.

Kim Dung Vu Nguyen, Maria Brenda Nguyen and Angela Kim Nguyen, individually and on behalf of Tony Nguyen, filed suit against Dr. Quang The Vu in the Orleans Parish Civil District Court on Dec. 9, 2013.

The plaintiffs allege that Mr. Nguyen died as a result of inferior treatment from Dr. Vu. The suit asserts that despite Mr. Nguyen’s symptoms and test results, which indicated bilateral pneumonia, Dr. Vu did not admit Mr. Nguyen to the hospital, thus contributing to his death.

According to the suit, Mr. Nguyen presented to Dr. Vu on May 11, 2009, with a critical level of hypoxic pulse oximetry of 85 percent. Dr. Vu ordered an X-ray and prescribed medication. The next morning Dr. Vu read the X-rays but did not admit Mr. Nguyen, the suit states.

That same day Mr. Nguyen’s daughter Angela claims she brought her father to Dr. Vu, but the doctor did not see him. Mr. Nguyen died later that evening in his home, the suit states.

According to the lawsuit, the family claims a Medical Review Panel offered the opinion that Dr. Vu “failed to comply with the appropriate standard of care as charged in the complaint and the conduct complained of was a factor of the resultant damages.”

In the suit the plaintiffs allege that Mr. Nguyen's original presentation should have warranted admittance to the hospital and the X-ray should have triggered a more aggressive treatment approach.

The Nguyens are suing for damages related to pain and suffering, loss of enjoyment of life, diminished quality of life,survival damages, loss of chance of life and the cost of the proceedings.

Plaintiff is represented by Sherif K. Sakla M.D., J.D., of the New Orleans-based Sakla Law Firm.

Case is assigned to Division M Judge Paulette R. Irons.

Case no. 2013-11589.

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