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SUPREME COURT OF LOUISIANA

NO. 97-C-0744

PATRICK M. WARTELLE AND KRISTINE WARTELLE

V.

WOMEN'S AND CHILDREN'S HOSPITAL, INC. AND LOUISIANA PATIENTS'
COMPENSATION FUND

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT
PARISH OF LAFAYETTE, STATE OF LOUISIANA

MARCUS, Justice*

Kristine Wartelle went into labor and was admitted to
Women's and Children's Hospital to deliver her first child.  A
fetal heart monitor was attached through use of a belt-like
device strapped around the mother's abdomen and all appeared to
be well with mother and child.  Subsequently the monitor was
removed for a period of time.  When it was reattached, it was
determined that the fetus had died in utero; the fetus was
delivered stillborn by caesarian section.  The hospital tendered
$100,000 to Kristine and Patrick Wartelle, parents of the
stillborn fetus, in settlement of their claim that the failure
of the hospital to monitor the fetal heart tones contributed to
the death of the fetus.  The settlement was approved by the
trial judge and liability was deemed admitted. Mr. and
Mrs. Wartelle sued the hospital and the Louisiana Patients'
Compensation Fund for damages in excess of $100,000 pursuant to

* Knoll, J., not on panel, recused. Rule IV, Part 2,

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