Willie Eggins, Jr. v. Christus Health Central Louisiana

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

21-339

WILLIE EGGINS, JR., ET AL

VERSUS

CHRISTUS HEALTH CENTRAL LOUISIANA

COOKS, Chief Judge, Concurs.

The medical evidence shows that Susie Eggins (Susie) was a functional

paraplegic, meaning she could not walk but had involuntary movement of her legs

and could not use her arms. Before this hospital stay, Susie lived at her son Willie’s

home. He testified that Susie suffered from tremors and severe, jerking movement

of her legs, especially her right leg, which he said often caused her to throw her right

leg off the side of her hospital bed at home. Susie’s nurse caretaker also testified

that Susie was prone to these involuntary movements of her legs and to uncontrolled

tremors and shaking. The medical record corroborated this testimony and shows

Susie was administered medication for this condition during her hospital stay.

Plaintiffs failed to present any expert testimony to establish the applicable standard

of care for a patient with Susie’s condition and thus failed to meet their burden to

prove that Defendant violated the appropriate standard of care and that such failure

caused resulting harm to Susie. For example, a bed different from the type used or

the use of other restraining apparatus may have been necessary to safeguard Susie.