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Arton v. Tedesco

Court of Appeals of Louisiana, Third Circuit

April 29, 2015

LOUIS J. ARTON, SR., ET UX.
v.
DR. VICTOR TEDESCO, ET AL.

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-2008-5095 HONORABLE EDWARD B. BROUSSARD, DISTRICT JUDGE

Alan K. Breaud Breaud & Meyers, APLC, COUNSEL FOR DEFENDANTS/APPELLEES: Louisiana Medical Mutual Ins. Co. Dr. Victor Tedesco, IV

John Paul Charbonnet The Glenn Armentor Law Corporation COUNSEL FOR PLAINTIFFS/APPELLANTS: Louis J. Arton, Sr. Barbara J. Arton

Brandon M. Rhodes Gachassin Law Firm, LLC, COUNSEL FOR DEFENDANT/APPELLEE: Lafayette General Medical Center

Court composed of Sylvia R. Cooks, Shannon J. Gremillion, and David Kent Savoie, Judges.

SHANNON J. GREMILLION JUDGE

Louis J. Arton, Sr., and his wife, Barbara K. Arton, appeal a partial final judgment in favor of Dr. Victor Tedesco and Lafayette General Medical Center (the hospital), which maintained Dr. Tedesco's and the hospital's exceptions of prematurity and prescription. For the reasons that follow, we reverse and remand the matter.

FACTS

Mr. Arton, a patient of Dr. Tedesco, was to undergo a "mini maze" procedure to treat a heart condition, on February 7, 2006. Before the surgery, it was necessary to counteract the effects of Coumadin or Warfarin, a blood thinner. He alleges that he had advised Dr. Tedesco and personnel at the hospital that he had previously been administered fresh frozen plasma (FFP) with near-fatal results. Nonetheless, according to the Artons' petition, Mr. Arton was administered FFP, resulting in significant and permanent health problems.

On January 27, 2007, the Artons filed a request with the Commissioner of Administration that a medical review panel be convened to review the care Mr. Arton had received. This request was very non-specific, alleging only that his claim was "[d]ue to medical malpractice and negligence."

On February 2, 2007, the Artons amended their complaint to assert:

I do not know the medical terminology but the reason I am filing this complaint for injury and malpractice against the above individuals because I feel there is negligence for the following reasons. On February 6, 2006, I went to Lafayette General Hospital to do my pre-admit and to take a chest x-ray and blood work. When I was asked about my allergic reactions I told the admit nurse that I was allergic to penicillin, cephalexin, Keflex, and when I had surgery two years before, the blood plasma did not work for me to reverse warfarin I was on. I had to get my vitamin K shot.
. . . .
The last thing I remember is my lungs filing [sic] up with fluid. I was going into respiratory arrest. . . . I later learned that I was given four bags of fresh frozen plasma. . . . I also learned that the average time of administering fresh frozen plasma should be 30 ...

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