The patient, after bilateral knee replacement surgery, developed pressure ulcers and skin breakdown (sacral decubitus) while in the intensive care unit. Though the condition was resolved, the patient petitioned for damages against the hospital.

The hospital filed a motion for summary judgment claiming the plaintiff did not have an expert to testify regarding the alleged breach of standards and medical causation of damages and attached an affidavit from its physician expert that concluded that the patient, more probably than not, would have developed pressure-ulcer breakdown regardless of any action taken by the hospital. In addition, the defendant also filed a motion in limine to strike Julia Fields, RN as an expert witness, asserting she was unqualified to give expert testimony.

In response to oppose that motion, the patient submitted Ms. Field's affidavit. It stated the issue was a nursing issue and that the nursing staff failed to timely or accurately assess the patient's skin integrity, reposition the patient and document such care; even though prescribed by the hospital's own policy on post- operative care and the National Pressure Ulcer Prevention Advisory Panel's summary regarding pressure ulcer prevention.

The hospital was granted the summary judgment; the motion to strike was dismissed as moot upon the judgment. The plaintiff appealed.

The Court of Appeal of Louisiana concluded that the trail court erred by disqualifying the nurse without a hearing or evaluation of the factors in determining the admissibility of expert testimony.

A final ruling of the patient's claim is not available as of this date.

Guardia V. Lakeview Regional Medical Center 2008 CA 1369 1st Circuit Court of Appeal Louisiana