Opinion
No. 07-31166.
August 21, 2009.
Marie Riccio Wisner, New Orleans, LA, for Plaintiff-Appellee.
Patrick M. Wartelle, Roy, Bivins, Judice, Roberts Wartelle, Lafayette, LA, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Louisian, No. 6:01-CV-2693.
Before REAVLEY, SMITH, and DENNIS, Circuit Judges.
Julia Paz sued for medical malpractice and obtained a substantial award from the jury. Both sides appeal.
We have reviewed the briefs, the applicable law, and pertinent portions of the record and have heard the arguments of counsel. There is no reversible error in regard to duty of care or liability. There is sufficient evidence to support the awarded damages.
The only reversible error is in the reduction of damages by the district court that resulted from the erroneous inclusion of Dr. Meza on the jury form. See La.R.S. 40:1299.41 -.47. The jury found damages of $200,000. For the remaining two defendants, 90% of that amount (which is $180,000) is awarded against the hospital, and 10% (which is $20,000) is awarded against Dr. Russell. Because of the state damage cap, the hospital must pay only $100,000 and Russell the full $20,000, leaving $80,000 to be sought from the state patient's compensation fund. See La.R.S. 40:1299.42(B)(2).
The judgment is MODIFIED as indicated above. In all other respects, there being no reversible error, the judgment is AFFIRMED.