Page:Aka v. Jefferson Hospital Association, Inc.pdf/9

Rh   Apparently, the dyspnea resolved after the fundal pressure was relieved.

Approximately an hour-and-a-half later, Mrs. Aka complained of acute shortness of breath. According to Dr. Higginbotham, Mrs. Aka suffered respiratory distress and was "going into respiratory failure." He also reported that when the "code" was called on Mrs. Aka, there was not a board-certified obstetrician in the labor-and-delivery suite, and no board-certified physician had been called to assist Mrs. Aka. Dr. Hill, as the senior resident physician, took over. Per Dr. Hill's suggestion, Dr. Higginbotham "scrubbed" to prepare for a possible c-section. Dr. Washington arrived during the code, but no attempts were made to deliver the baby.

At approximately 1:15 a.m on December 13, 1995, Evangeline Aka, and her unborn son died at appellee-hospital JRMC. The autopsy denoted Mrs. Aka's cause of death as "amniotic fluid embolism" and her unborn son was described in forensic pathologist Dr. Frank Peretti's report as a "well-developed, well nourished," "full term male infant" weighing eight pounds, fifteen ounces with "[n]o evidence of congenital malformations, natural disease, trauma or infection." Mrs. Aka's November 30, 1995 obstetrical ultrasound report indicated that her fetal evaluation was complete and that she carried a full term "viable single intrauterine fetus" with"[n]o complication identified."

Following the deaths of Mrs. Aka and her unborn son, appellant made a series of phone calls, including two answering-machine messages, to Drs. Washington and Orange. The doctors complained to the Pine Bluff police department and swore out warrants against appellant. Ultimately, appellant was prosecuted for terroristic threatening. However, following a two-day jury trial, he was acquitted of all criminal charges.

In response to appellant's medical-negligence action, Dr. Washington and Erma Washington, M.D., and Associates, PA. filed a motion for partial summary judgment on the basis of governmental immunity from suit because Washington was a "part-time" twenty-five-percent consultant for the AHEC residency-training program. However, Dr. Washington also engaged in a full-time private obstetrical practice. In part, Washington also contended that summary judgment was appropriate because she had no insurance