## Facts

- In March 1994, Gloria Stroud was evaluated for possible lung cancer after x-rays suggested malignancy.
- A CT scan performed on March 30, 1994 was interpreted by radiologist Bruce Golson, M.D., who reported that the scan showed she did not have lung cancer.
- In April 1995, while hospitalized for an unrelated arteriovenous malformation, additional imaging revealed inoperable cancer in her left lung.
- Gloria Stroud died of lung cancer on August 15, 1995, survived by her husband (Clarence Steen Stroud) and two adult sons (Randy Stroud and Jason Matthew Stroud).
- The survivors filed a medical malpractice action alleging negligent failure to diagnose and resulting loss of a chance of survival.
- Before trial, plaintiffs settled with Dr. Golson and his insurer for \$80,000 and pursued excess damages against the Louisiana Patients’ Compensation Fund (PCF).
- At trial, the PCF admitted negligence but contested causation, arguing the cancer was so aggressive that earlier diagnosis would not have changed the outcome.
- A jury found the negligence caused a “less than even chance of survival” to be lost and awarded \$1.5 million in damages; the trial court reduced the judgment to conform to the statutory cap and fixed the PCF portion at \$400,000, with legal interest and costs.
- The trial court denied the PCF’s motions for JNOV and a new trial.

## Issues

1. Whether the evidence was sufficient to support a finding that the admitted negligence caused a compensable loss of a chance of survival.
2. Whether the \$1.5 million general damage award constituted an abuse of the jury’s discretion in a lost-chance case.
3. Whether the trial court correctly applied the Medical Malpractice Act cap and allocation scheme in setting the PCF’s liability at \$400,000 despite the prior settlement.

## Decision

- The appellate court affirmed the judgment.
- The court held the record supported the jury’s finding that negligence deprived the decedent of a real, though less-than-even, chance of survival.
- The court held the general damages award was not an abuse of the jury’s discretion under Louisiana’s deferential review of quantum.
- The court upheld the trial court’s application of the statutory cap and the resulting limitation of PCF exposure to \$400,000, together with the provider-side amount up to the statutory maximum.

## Legal Principles

- In Louisiana medical malpractice, a plaintiff may recover for the loss of a chance of survival without proving the patient would more likely than not have survived absent negligence.
- The loss of chance is a compensable injury; causation is satisfied by proof that negligence deprived the patient of a chance of survival, even if that chance was less than 50%.
- General damages are reviewed under a highly deferential abuse-of-discretion standard; an appellate court will not adjust an award absent a clear abuse.
- Under Louisiana’s Medical Malpractice Act, a qualified provider is responsible for the initial statutory amount and the PCF is responsible for excess damages up to the statutory cap (excluding covered medical expenses as provided by statute).

## Conclusion

The court affirmed a malpractice judgment recognizing a compensable, less-than-even lost chance of survival, upheld the jury’s general damages as within its discretion, and enforced the statutory cap and allocation rules limiting the PCF’s liability to \$400,000.


Stroud v. Golson, 741 So. 2d 182 (La. Ct. App. 2d Cir. 1999)