Clark v. St. Francis Medical Center

Case Background

Alice Clark filed a medical negligence lawsuit against St. Francis Medical Center after an incident during her recovery from outpatient surgery. While still under the effects of anesthesia and considered a fall risk, she was left alone on the toilet. After waiting too long for assistance, she attempted to stand, fell, and broke her hip. The case was filed in Louisiana’s Fourth Judicial District Court, with Judge Frederick Jones presiding. [Case number: 19-2615]

Cause

Alice Clark, 70, underwent outpatient surgery at St. Francis Medical Center on October 12, 2016. The procedure aimed to remove a port used for cancer treatment. After the surgery, she was moved to recovery. The plan was to discharge her once she used the bathroom.

Although the anesthesia (Propofol) was mild, Clark remained groggy. A nurse escorted her to the bathroom but left briefly to contact her family. Before leaving, the nurse instructed Clark to use the call button if she needed assistance.

After using the bathroom, Clark pressed the call button for help. However, no one responded. Medical records suggested that at least five minutes passed, though it may have been longer. Feeling increasingly uncomfortable on the commode and unable to wait any longer, Clark attempted to stand up on her own.

As she rose, she fell and broke her hip.

Injury

As a result of the fall, Alice Clark needed surgery to repair her injury. She stayed in the hospital for several weeks to recover.

Damages

Clark sought damages for pain and suffering, mental anguish, and loss of enjoyment of life.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Alice Clark
    • Counsel for Plaintiff(s): Anthony J. Bruscato | Eddie V. Clark
    • Experts for Plaintiff(s): Dr. Stella Fitzgibbon
  • Defendant(s): St. Francis Medical Center
    • Counsel for Defendant(s): David H. Nelson
    • Experts for Defendant(s): Dr. Russell Lollie | Jesse Albritton

Claims

Clark filed a negligence lawsuit against the hospital, claiming the nurses failed to meet the standard of care. She argued that her injury resulted from three key issues. First, the nurse responsible for her post-surgical care did not escort her to the bathroom. Second, she was left unattended while still groggy from anesthesia. Finally, the nurses failed to respond promptly when she pressed the call button for assistance.

Defense

The case first went to a Medical Review Panel, which found it reasonable for the nurse to briefly leave Clark on the toilet while contacting her family. The panel called the injury ‘unfortunate’ but concluded that the nursing staff followed the standard of care.

At trial, the hospital relied on this opinion.

Expert Testimony

Clark’s liability expert, Dr. Stella Fitzgibbon, an internist from The Woodlands, Texas, testified on her behalf. In response, the defense called Dr. Russell Lollie, a surgeon from Farmerville, Louisiana, who had served on the Medical Review Panel, to support its case. Additionally, the hospital relied on Jesse Albritton from Monroe, who testified as both a fact and expert witness.

Jury Verdict

The trial lasted four days in Monroe. The jury considered whether Clark had proven that the hospital’s care fell below the standard typically practiced by similar hospitals in comparable situations. On October 31, 2024, they concluded it had not. As a result, the jury did not address issues related to Clark’s responsibilities, fault apportionment, or damages. A judgment in favor of the hospital was subsequently entered in this medical negligence lawsuit.

Court Documents:

Available for purchase upon request