WILLIE EGGINS, JR., ET AL. VERSUS CHRISTUS HEALTH CENTRAL LOUISIANA Vs.
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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.
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