A grieving son’s pursuit of justice in a medical malpractice case has been halted by the courts. Charles Burns filed a complaint against Baton Rouge General Medical Center on January 18, 2023, in the 19th Judicial District Court of East Baton Rouge Parish, Louisiana, alleging that the hospital's negligence led to his father's death.
The case revolves around Enorris Jones, who was admitted to Baton Rouge General on June 18, 2014, for oral and maxillofacial surgery to repair a fractured jaw. The surgery was performed by Dr. Walter J. Jung IV and assisted by anesthesiologist Dr. Salim Sukkar and certified registered nurse anesthetist Nicole Holmes. Post-surgery complications arose when Mr. Jones began bleeding from his mouth and nose while in the recovery room, leading to respiratory failure after inhaling blood into his lungs. Despite efforts to intubate him, Mr. Jones lost pulse for approximately four minutes and ultimately died on July 1, 2014, due to anoxic brain injury caused by oral bleeding into the lungs.
A medical review panel found no deviation from the standard of care by any of the involved medical professionals or Baton Rouge General Medical Center. However, Charles Burns filed a petition for damages against the hospital and other involved parties including Parish Anesthesia of Baton Rouge, Dr. Sukkar, Ms. Holmes, and Dr. Jung (who was later dismissed from the case). Burns alleged that the nursing staff at Baton Rouge General failed to adequately monitor and provide timely care to Mr. Jones during his critical moments post-surgery.
In response to these allegations, Baton Rouge General moved for summary judgment asserting that Burns had not provided qualified physician testimony indicating any breach in standard care or causation of damages by their nursing staff. The court granted this motion on May 3, 2023, citing that Burns failed to show he could meet his burden of proof at trial through expert testimony.
Burns' opposition relied heavily on hospital records and an affidavit from registered nurse Beryl Jacques who opined that the nursing staff breached their standard of care which contributed significantly to Mr. Jones’s death. However, her expertise as a nurse was deemed insufficient in establishing causation between the nurses' actions and Mr. Jones's death—a determination considered beyond her professional scope.
Despite compelling evidence presented by Burns including coroner reports and death certificates indicating anoxic brain injury due to oral bleeding as cause of death—these did not directly link back to any specific failings by Baton Rouge General’s nursing staff as per required legal standards.
Ultimately failing to produce necessary expert evidence proving both breach in standard care and causation led Judge Donald R Johnson along with Judges Theriot Penzato & Greene affirming summary judgment favoring Baton Rouge General Medical Center thereby dismissing them from further proceedings with prejudice; leaving Charles Burns bearing costs associated with this appeal process.