Louisiana Record

Wednesday, August 21, 2019

Husband of woman who died months after fall at hospital sues

By Kyle Barnett | Mar 22, 2013

GRETNA – The husband of a deceased woman is suing a local hospital after his wife died following extended bed rest due to emergency surgery she had to undergo after a fall at the hospital.

Malcom Matherne, individually and on the behalf of the estate of Mitzi N. Matherne, filed suit against Jefferson Parish Hospital District No. 1 and West Jefferson Medical Center in the 24th Judicial District Court on Jan. 24.

Matherne claims his wife Mitzi Matherne was an in-patient at West Jefferson Medical Center with an injured leg. The plaintiff alleges that as his wife was being transferred from her wheelchair or a bedside commode to her bed she was assisted by only one hospital employee, despite being morbidly obese and at a high risk for falling.

Matherne asserts that during the transfer her leg gave out and she struck the floor. The plaintiff claims his wife had to undergo emergency surgery on her leg for injuries caused in the fall and medical complications from the surgery led to prolonged hospitalization and extended bed rest during which she suddenly died on April 29, 2012.

The defendant is accused of failing to provide the patient with the appropriate and necessary degree of care, negligently allowing one attendant to transfer the patient under the circumstances, failing to provide appropriate care, failing to properly train employees and independent health care providers in the appropriate manner to transfer patients, failing to establish appropriate patient care procedures for its employees, failing to take the necessary precautions under the circumstances and vicarious liability.

Damages in excess of $50,000 are sought for sustained injuries, physical pain and suffering, mental anguish, emotional distress, impairment of function, loss of ability to enjoy life’s pleasures, medical expenses and funeral expenses.

Matherne is represented by Scott E. Silbert of New Orleans-based Silbert, Garon, Pitre & Friedman.

The case has been assigned to Division G Judge Robert A. Pitre Jr.

Case no. 723-188.

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