Ochsner Clinic sued after man dies in car after allegedly being discharged during heart attack

By Kyle Barnett | Feb 28, 2013

William R. Mustian III

GRETNA – A Jefferson Parish man is suing a local hospital over the death of his brother while he was in its care.

James Gerald Brock filed suit against Ochsner Clinic LLC and Ochsner Clinic Foundation in the 24th Judicial District Court on Jan. 11.

Brock claims his brother, Michael Brock, appeared at the Ochsner Hospital/Clinic emergency room on Feb. 22, 2009 complaining of shortness of breath and chest pain. The plaintiff alleges that he was evaluated and discharged even though the symptoms he was suffering from and subsequent tests were suggestive of a heart attack. Brock asserts his brother suffered a severe heart attack on his way home from the hospital and died that day.

The defendant is accused of failing to admit the deceased to the hospital for further evaluation and failing to provide portable oxygen as the deceased was being discharged from the emergency room.

An unspecified amount in damages is sought for mental anguish, pain and suffering and anxiety due to the conditions of the deceased’s death.

Brock is represented by William R. Mustain III of Metairie-based Stang & Mustian.

The case has been assigned to Division F Judge Michael P. Mentz.

Case no. 722-794.

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