Every parent's worst nightmare is to see a child suffering.  Once the child is brought to a hospital for a serious condition, the parents are putting their trust in medical personnel to take for their loved one, believing that the matter will be taken care of and the child will regain his or her health.  One never expects something to go wrong -- that the hospital or its staff will inadvertently or otherwise make matters worse.  But, unfortunately, sometimes the unthinkable happens.

Image Courtesy of NOLA.com

The story was a shocking one.  The Second Circuit Court of Appeals took the statements of John, Julie and various family members present and ruled on February 15th that a lower court jury was correct to award the parents $25,000 each in bystander damages for the heart procedure gone wrong.  However, a new trial for the defendants should still be granted, according to Circuit Henry Brown Jr.  The defendants include Drs. Kamakshya Patra, Robert Jackson and Horacio D'Agostino, as well as the Louisiana State University Health Sciences Center Shreveport, and the LSU Medical Center Shreveport.  The defendants were ordered to pay $370,000 to the defendants in total in the trial court. However, the defendants noted that this judgement is not aligned with Louisiana law with regards to awards of future medical expenses and medical malpractice judgments against state service providers.  Therefore, the attorneys appealed the ruling, stating that the judgment is "clearly contrary to the law and evidence" and the Second Circuit Court of Appeals agreed.

Sources:

Parents Get ‘Bystander’ Damages for Daughter’s Punctured HeartCourt of Appeal, Second Circuit State of Louisiana