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PENNSYLVANIA RECORD

Thursday, October 17, 2024

Pregnant Woman Alleges Negligence Against Louisiana Hospital Over Emergency Care Refusal

Federal Court
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Courtney Withers has filed a lawsuit against a Louisiana hospital, alleging that its refusal to provide emergency medical care led to the premature birth and subsequent health issues of her child. The complaint was filed on October 3, 2024, in the United States District Court for the Western District of Louisiana against CHRISTUS Health Southwestern Louisiana, doing business as CHRISTUS Ochsner St. Patrick Hospital.

According to the court documents, on May 30, 2024, Courtney Withers, who was five months pregnant at the time, experienced severe bleeding and sought medical assistance at CHRISTUS Ochsner St. Patrick Hospital. However, she claims that the hospital's intake staff refused her request for examination or treatment because they did not deliver babies at their facility. Despite her plea for an ambulance transfer due to her inability to drive safely in her condition, she was denied assistance and forced to drive herself to another hospital where she gave birth prematurely.

The lawsuit accuses CHRISTUS Ochsner St. Patrick Hospital of violating the Emergency Medical Treatment and Labor Act (EMTALA), which mandates hospitals participating in Medicare programs to provide appropriate medical screening examinations and necessary stabilizing treatment for emergency medical conditions. Withers alleges that the hospital failed to fulfill these obligations by not examining or treating her or transferring her appropriately when she presented with an emergency condition.

Withers' legal representation argues that this failure directly contributed to A’riyah Brignac's premature birth and subsequent developmental deficiencies requiring constant care. The complaint highlights that no medical personnel at CHRISTUS Ochsner St. Patrick Hospital examined or treated Withers during her visit despite her severe symptoms.

In addition to seeking compensation for past and future medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and emotional distress for both herself and A’riyah Brignac, Withers is asking for all recoveries reasonable under Louisiana law due to the alleged violations of EMTALA by CHRISTUS Ochsner St. Patrick Hospital.

Representing Courtney Withers are attorneys from Simien & Simien L.L.C., including Eulis Simien Jr., Jimmy Simien, Lisa K. Longmire, and Roy Bergeron Jr. The case is identified as Case No: 2:24-cv-01354 but does not yet list a judge assigned.

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