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Bordelon vs St. Francis Cabrini Hosp.

Bordelon vs St. Francis Cabrini Hosp.

Bordelon vsSt. Francis Cabrini Hosp.

Bordelon vsSt. Francis Cabrini Hosp.

Overview

The case wasfiled in court by Bordelon seeking to recover the emotional turmoilthat was caused by the St. Francis Cabrini Hospital when theyadministered the wrong blood to her. Apparently, she had provided thehospital with blood before the hysterectomy surgery so that theycould transfuse it to her after the procedure on February 3, 1991.However, during the surgery, Bordelon was given blood from someoneelse. So after she learned about what happened, she suffered theemotional anguish of whether or not she acquired AIDs. As a result,she sued Dr. Sudha G. Pillarisetti and the hospital citing a tortclaim. The hospital, as the defendant, in turn, filed a peremptoryexception of no cause of action as provided in Article 927(4) ofLouisiana Code of Civil Procedure (Pozgar, Pozgar, &amp Santucci,2009). The court ruled for the defendant since the judge claimed theplaintiff did not suffer any physical injury.

Nevertheless,after an appeal in the Louisiana Court of Appeal, the judge statedthat the plaintiff, in fact, suffered a mental distress. Thehospital and the pathologist were negligent to cause emotionaldistress to a patient who entrusted their life to them. Also, therewas no need for physical injury as the defendant requested. It isclear that HIV can be transmitted through blood transfusion, evenwhen regular screening is done by the hospital. The patient was rightin affirming the defendant’s negligent act. The hospital wasresponsible in ensuring that appropriate blood was administration.Pozgar (2011) noted that the case took place in the Ninth JudicialDistrict Court.

Setting

According toMulheron (2016), when the case took place, the HIV screening,especially in blood, was ineffective, and people could contract itdespite the hospital assurance. As a result, Mrs. Bordelon had areason to suffer mental anguish because she was not sure that theblood was free of HIV.

References

Pozgar, G. D. (2011). Legalaspects of health care administration.Jones &amp Bartlett Publishers.

Pozgar, G. D.,Pozgar, G. D., &amp Santucci, N. M. (2009). Legalessentials of health care administration.Jones &amp Bartlett Publishers.

Mulheron, R.(2016). Medicalnegligence: non-patient and third party claims.Routledge.