Opening Statements to be heard for Louisiana Wrongful Death Case
Posted on Jan 13, 2010 2:24pm PST
According to several news sources, the opening statements will begin this week for a high-profile case against Pendleton Methodist Memorial Hospital in
Louisiana. The lawsuit against the hospital was filed by plaintiffs who allege that the medical facility was liable for deaths that occurred after Hurricane Katrina because the hospital was not prepared for the disaster.
Since Hurricane Katrina, many wrongful death and medical malpractice lawsuits have been filed in Louisiana. In fact, over 200 cases have failed. Yet, the Orleans Parish civil case that was filed by the family of Althea LaCoste managed to garner attention because it was the first case to reach trial against a healthcare facility that was accused of negligence, instead of malpractice.
The plaintiffs' lawyers say that the family hopes to convince the jury that the executives at Pendleton Methodist Memorial Hospital were aware that generators were inadequate and deliberately put off making improvements to enhance the hospital's emergency preparedness. The family lost 73 year old Althea LaCoste after generators failed at the hospital.
News sources say that by arguing negligence instead of malpractice, the plaintiffs may receive millions more if they obtain a favorable verdict. In Louisiana, the maximum compensation for
medical malpractice cases is set at $500,000, while there is no cap for damages in cases involving negligence.
Prior to making it to trial, the lawsuit bounced through Louisiana's court system. The state Supreme Court had to settle the issue of whether LaCoste's family could file a lawsuit that was outside of the medical malpractice area, which cleared the way for many other lawsuits involving negligence that have not yet been filed in the state.
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