What Happened
A Louisiana appeals court affirmed a $685,712.68 judgment against Baton Rouge General Medical Center (BRGMC) after Thomas Laporte, then 79, suffered a hip fracture following a fall while receiving emergency-room care. The case is Laporte v. Baton Rouge General Medical Center, No. 2025 CA 0392 (La. App. 1 Cir. Aug. 5, 2026).
Mr. Laporte arrived at the BRGMC emergency department late on March 21, 2018. The record reflected a history of orthostatic hypotension—blood pressure that can fall when a person stands—recurrent falls, chest pain, severe constipation, and use of a walker. Earlier that evening, he had fallen while getting up from the toilet at home.
BRGMC had a written policy requiring staff to assess each patient’s fall risk using factors including age, medical conditions, recent falls, and mobility aids. Nurse Alaina Turner initially scored Mr. Laporte as a minimal fall-risk patient. But the court found evidence that she did not review the emergency-department triage note, which would have shown his recurrent falls and fall that day, and did not observe his gait. The plaintiffs’ nursing expert testified that Mr. Laporte should have been classified as a high fall-risk patient.
Under BRGMC’s policy, a moderate- or high-risk patient should receive a visible yellow fall-risk armband. The court found that the lack of that armband prevented other providers from knowing Mr. Laporte’s actual fall-risk status.
Nurse Turner administered a suppository intended to relieve Mr. Laporte’s constipation. She knew the published literature indicated that it could take effect within 15 to 60 minutes. Afterward, Mr. Laporte needed to use the restroom and used the call light for help. His wife then left the room to look for assistance and encountered Edward Shim, an EKG technician employed by Southern Medical—not a member of BRGMC’s nursing staff.
Mr. Shim disconnected Mr. Laporte from his cardiac monitor and escorted him to the restroom. The disconnection triggered an audible alarm at the nursing station, but BRGMC staff did not respond to the disconnection. Mr. Shim told Mr. Laporte where to find the restroom call cord, then left to perform an emergency EKG elsewhere after being unable to locate BRGMC staff.
Mr. Laporte activated the restroom pull cord four times and yelled for help, but no BRGMC staff responded. He estimated that he waited 30 to 40 minutes. Afraid that he might lose consciousness while alone in the restroom, he tried to return to his examination room. He fell in the doorway, struck his head on the door jamb, and fractured his hip.
Mr. Laporte underwent total hip arthroplasty, commonly called hip-replacement surgery, and remained in the hospital for about one month before discharge with home-health care.
After a three-day bench trial, the trial court found that BRGMC breached the applicable standard of care. It assigned 90% comparative fault to BRGMC and 10% to Mr. Shim. The claims against Mr. Shim and Southern Medical had been resolved by settlement before trial.
The court awarded:
- $500,000 in general damages, including physical pain and suffering, mental anxiety and distress, and loss of enjoyment of life and community;
- $135,712.68 in special damages; and
- $50,000 to Mrs. Laporte for loss of consortium—the effect of the injury on the couple’s companionship and relationship.
BRGMC appealed. It argued that the trial judge had improperly adopted the plaintiffs’ proposed reasons, that BRGMC did not breach the standard of care, that more fault should have been assigned to Mr. Shim and Mr. Laporte, and that the damages were excessive. The Louisiana First Circuit Court of Appeal affirmed the judgment.
Could This Affect Someone Like You?
This decision illustrates several issues that may matter when a patient is seriously injured in a hospital.
Internal safety policies can be important evidence
A hospital’s failure to follow its own safety protocol can be important evidence of a breach of the applicable standard of care—particularly when supported by qualified expert testimony and the surrounding clinical facts. In this case, the court relied on evidence concerning the incomplete fall-risk assessment, the missing high-risk armband, the monitoring failures, and the failure to respond to calls for help.
A hospital may be liable for its employees’ negligence
Hospitals can be liable for negligent acts of their employees, including employed nurses acting within the course and scope of their work. Whether a hospital is responsible for a particular worker depends on the employment and agency facts. Here, Mr. Shim was employed by Southern Medical, while the court found breaches by BRGMC’s nurse and other BRGMC staff.
Comparative fault is fact-specific
The hospital argued that Mr. Laporte should have been assigned fault because he attempted to return to his room without assistance. The appellate court disagreed. It emphasized that he had called for help before leaving his bed and repeatedly sought help from the restroom before deciding to walk back. That result was based on the particular circumstances; patients are not automatically free from fault, but neither are they automatically at fault when they act after staff fail to respond.
Damages may include more than medical expenses
The court considered the real-life consequences of Mr. Laporte’s injury, not just his medical bills. It cited his pain, recovery and need to relearn how to walk, loss of participation in family events and holidays, and disconnection from a church community in which he had been an active member and deacon for more than 50 years.
This case concerns emergency-room hospital care. Injuries occurring in nursing homes or other facilities can involve additional, case-specific issues, including the facility’s status, the providers involved, and the procedures governing the claim.
Where to Read the Opinion
What to Do Next
If you or a loved one was seriously injured after a fall, a delay in care, or inadequate supervision in a hospital, it is important to act promptly. Louisiana medical-malpractice and negligence claims can involve short prescriptive deadlines and, depending on the provider and claim, pre-suit medical-review-panel requirements. The applicable deadline and procedure depend on the facts, the defendants, and the nature of the claim.
Preserve the available evidence, including incident reports, hospital records, photographs of injuries, and the names of staff involved. Before signing settlement paperwork or discussing the claim with an insurance adjuster, make sure you understand your rights and obligations.
If you believe that you or a family member was harmed by a hospital’s failure to provide appropriate care, contact us for a free, no-obligation consultation to discuss your legal options.