Mother files suit against Charity Hospital over son's death

NEW ORLEANS – A Jefferson Parish woman has filed suit against a local hospital over her son's death while in the hospital's care.

Kristi Leiva Hernandez filed suit in Orleans Parish Civil District Court on Dec. 19 against the Medical Center of Louisiana (Charity Hospital) and others.

The suit alleges the defendant was treating Hernandez's son for a closed brain injury at the time of his death. The hospital is alleged to have inserted a breathing device into the throat of Hernandez's son after draining excess blood off his brain. Following the surgery the defendant is accused of letting the level of oxygen going to the patient drop below an acceptable level that resulted in cardiac arrest and death of the plaintiff's son.

An unspecified amount in damages is being sought for wrongful death, loss of enjoyment of life, mental anguish, emotional distress, medical expenses, lost wages and legal costs.

The defendant is accused of lack of medical knowledge, failure to exercise degree of ordinary care, providing an unacceptable standard of care, medical malpractice, inadequate supervision and failure to follow proper policy.

The case was originally scheduled to be heard before a medical review panel that failed to convene.

Hernandez is being represented by Stephanie C. Reuther of New Orleans-based Sakla Law Firm.

The case has been assigned to Division M Judge Paulette R. Irons.

Case number 2011-13034