According to a recent article, three families have sued the Children’s Hospital in New Orleans for the spread of a deadly fungal infection in contaminated sheets that have claimed the lives of their children. Back in 2009, there was a fungal outbreak in the hospital, but it was unclear how many children it affected. It was not until this week that Children’s Hospital publicly acknowledged that five pediatric patients died over 11 months ending in July 2009 following an outbreak of mucormycosis, a deadly infection caused by fungi present in dirt and decaying organic matter. The hospital says that after it became aware of the outbreak in June 2009, it “aggressively” sought to address the problem by contacting public health officials. But it doesn’t appear the hospital, the state Department of Health and Hospitals or the Center for Disease Control and Prevention (CDC) did anything to notify the public or patients that the outbreak happened. By the time the CDC began investigating the matter in July 2009, four of the five patients had died. The hospital has admitted to a failure to inform the families about what happened.
Thus far, three families have sued Children’s hospital under the theory of negligence, and not medical malpractice by a doctor. They have gone after the hospital, the linen supplier TLC Services, and the administrative contractor, Aramark Management Service, which employed the hospital’s head of housekeeping at the time. The hospital tried to argue the lawsuit fell under the state’s Medical Malpractice Act – an argument denied in two cases already.
A New Approach to Liability
The strict rules governing medical malpractice lawsuits are changing the way plaintiffs are approaching their cases. The Louisiana Medical Malpractice Act has a statute of limitations of 3 years to file claims for improper medical care, and a $500,000 cap on damage awards. This is because the Louisiana Patient’s Compensation Fund is the source that pays out the damages under medical malpractice lawsuits, and the fund has a finite amount of money. Moreover, the Louisiana Supreme Court reaffirmed the constitutionality of the $500,000 cap in 2012. Suing under the theory of negligence, on the other hand, allows a plaintiff to file their claim within one year of discovering the breach of duty, and there is no cap on damages. As a result, plaintiffs may receive compensatory damages, punitive, emotional distress, and wrongful death damages, which may more appropriately compensate them.
Get Legal Help for Medical Malpractice and Wrongful Death Cases
Injuries and deaths caused by medical malpractice or negligence cause substantial hardship on the victims as well as their loved ones. Harrell & Nowak has zealously represented people who have suffered from medical malpractice as well as those who have suffered personal injuries. We will give each client the attention they deserve for each case. If you need help recovering compensation, contact our New Orleans injury law firm today for a free, confidential consultation.