Tulane-Lakeside Hospital and doctors blamed for child’s cerebral palsy

By Kyle Barnett | Jan 8, 2013

GRETNA – A hospital is being sued by the parents of a child who was born with cerebral palsy due to alleged complications from the birth.

GRETNA – A hospital is being sued by the parents of a child who was born with cerebral palsy due to alleged complications from the birth.

Brittani Joseph and Philip Dudley, individually and on behalf of their minor child, filed suit against Louisiana Medical Mutual Medical Insurance Company, University Healthcare System, Tulane-Lakeside Hospital, Healthcare Indemnity Company, the Administrators of the Tulane Educational Fund, Tulane University School of Medicine, Dr. Andre Guette, Dr. Jamell Walker, Dr. Linh Nguyen and Dr. Hien Nguyen in the 24th Judicial District Court on Nov. 13.

Joseph and Dudley claim Joseph awoke in the early morning hours with severe abdominal pain and vaginal bleeding seven months into her pregnancy. The couple arrived at Tulane-Lakeside Hospital where they were forced to fill out paperwork and Joseph was told to walk to the elevator to be taken to the labor department of the hospital. After the fetus’s dropping heart rate was diagnosed by interns supervising physicians all noted the dropping heart rate and ordered a cesarean section nearly an hour and a half following the initial symptoms. The plaintiffs assert that due to the lack of oxygen for a sustained period of time their son was born with permanent birth defects, including cerebral palsy.

The defendant is accused of failing to develop adequate policies to competently address fetal emergencies, failing to adequately staff the obstetrics unit, failing to timely admit Joseph to labor and delivery given the emergency, failing to document medical records properly, failing to assess the plaintiff in a timely manner, failing to deliver an oxygen deprived fetus in a timely manner, failing to monitor residents and medical school students and failing to ensure medical professionals had the required training to work in the unit.

An unspecified amount in damages is sought for loss of physical capacity, pain and suffering, mental anguish, emotional distress, embarrassment and humiliation, loss of enjoyment of life, loss of the ability to live independently, medical expenses, accommodations for the child’s disabilities, custodial care, loss of earning capacity and loss of a chance of a better medical outcome.

Joseph and Dudley are represented by Kara Hadican Samuels of Sangisetty & Samuels, LLC.

The case has been assigned to Division M Judge Henry G. Sullivan, Jr.

Case no. 721-020.

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