Archive of LSCR Articles

Showing results for Category "MEDICAL MALPRACTICE"
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MEDICAL MALPRACTICE

1.Defendants entitled to dismissal based on prescription where plaintiff failed to put evidence into record.
Medical Review Panel for Claim of Richard Bush, 2021-C-00954 (La. 05/13/2022) [11 pp.]
From LSCR Volume 30, Issue 5
     On November 21, 2017, Richard Bush presented to Saint Bernard Parish Hospital for depression and suicidal ideations. He was treated and discharged. ... view full summary
2.Court remands medical malpractice case for new trial after errors regarding expert testimony.
Kimberly Brooke Labauve v. Louisiana Medical Mutual Ins. Co., 2021-C-00763 (La. 04/13/2022) [17 pp.]
From LSCR Volume 30, Issue 4
     This is a medical malpractice suit brought by plaintiffs against Dr. Daryl Elias Jr. and his insurer. Plaintiffs allege Dr. Elias committed malpractice d... view full summary
3.Court orders redaction of medical review panel opinion.
Charles Kelley v. State of Louisiana, 2022-CC-00057 (La. 03/15/2022) [2 pp.]
From LSCR Volume 30, Issue 3
     The Second Circuit excluded in its entirety the opinion of the medical review panel here, on the basis that the panel had exceeded its statutory authority. The court of... view full summary
4.Prescription not suspended when claimant sent filing fee to PCF instead of DOA.
Brianne Waters v. Dr. Jonathan Lam, 2022-CC-00098 (La. 03/22/2022) [4 pp.]
From LSCR Volume 30, Issue 3
     On September 28, 2020, plaintiff filed a request for review with the Division of Administration (DOA) based on medical malpractice that allegedly o... view full summary
5.Plaintiff was not a "patient" under terms of MMA.
Teresa Kelleher v. University Medical Center, 2021-CC-00011 (La. 12/10/2021) [9 pp.]
From LSCR Volume 29, Issue 12
     According to plaintiff's allegations, her treating orthopedic surgeon, Dr. Felipe Ramirez, noted on December 19, 2018, that plaintiff had "positive marrow inf... view full summary
6.Continued treatment doctrine did not suspend prescription.
Cheryl Mitchell v. Baton Rouge Orthopedic Clinic, LLC, 2021-C-00061 (La. 12/10/2021) [24 pp.]
From LSCR Volume 29, Issue 12
     On August 11, 2015, Dr. Robert Easton performed hip replacement surgery on plaintiff, who had dislocated her hip. She dislocated her hip again shortly after ... view full summary
7.Case remanded to court of appeal for consideration of intervening decision regarding effect of paying PCF filing fees for some but not all qualified providers.
In re: Medical Review Panel Proceeding for Claim of Rhonda Ferguson v. Dr. James Howell, 2019-C-02033 (La. 06/22/2021) [2 pp.]
From LSCR Volume 29, Issue 6
     This case arose from a hernia repair and two subsequent surgeries that Rhonda Ferguson underwent at Willis-Knighton Bossier Health Center in November 2016. The... view full summary
8.Surgeon could testify as expert regarding robotic sleep apnea surgery although he had not performed the surgery robotically.
S.P. Davis, Sr. v. Ghali E. Ghali, M.D., 2020-CC-01260 (La. 02/09/2021) [3 pp.]
From LSCR Volume 29, Issue 2
     Plaintiff filed suit alleging defendant failed to meet the applicable standard of care when performing a transoral robotic-assisted uvulopalatopharyngoplas... view full summary
9.Failure to pay filing fee as to one defendant did not nullify medical review panel request as to all.
Neville Kirt v. Rebecca C. Metzinger, M.D., 2019-C-01162 (La. 04/03/2020) [16 pp.]
From LSCR Volume 28, Issue 4
     Elaine Kirt died on September 28, 2010, due to complications that she developed shortly after undergoing eye surgery. On September 23, 2011, her sons filed a... view full summary
10.Malpractice claim by deceased's granddaughter did not suspend prescription of wrongful death and survival claims.
James E. Guffey v. Lexington House, LLC., 2018-CC-1568 (La. 05/08/2019) [22 pp.]
From LSCR Volume 27, Issue 5
     Geneva Guffey was an elderly patient at Lexington Nursing Home in Alexandria. In January 2016 she sustained a laceration to her leg while being transferred from a bath cha... view full summary
11.Court of appeal misconstrued claim for loss of chance of better outcome and valuation of damages.
Roger Burchfield v. Forrest H. Wright, M.D., 2017-C-1488 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 7
     Roger Burchfield underwent non-emergency gallbladder surgery in August 2013. The surgery was performed by Forrest H. Wright. M.D. Although Dr. Wright or... view full summary
12.Conflict of interest by review panel member did not justify automatic exclusion of panel opinion.
Richard Sanderson v. Tulane University Hospital & Clinic, 2018-CC-0588 (La. 06/15/18) [4 pp.]
From LSCR Volume 26, Issue 6
     Following proceedings before the Louisiana Medical Review Panel, plaintiff brought this medical malpractice suit. In the district court, plaintiff moved to strik... view full summary
13. Amendment to MRP claim continued suspension of prescription as to all solidary obligors.
Carolyn Correro v. Dr. Jose L. Ferrer, 2016-C-0861 (La. 10/28/16) [9 pp.]
From LSCR Volume 24, Issue 11

          On April 23, 2011, plaintiff underwent surgery at Glenwood Medical Center after fracturing her left hip. The surgeon, Dr. Jose Ferr... view full summary
14.Claim against hospital for negligent credentialing/hiring of ER physician not covered by LMMA.
Brandi Billeaudeau v. Opelousas General Hospital Authority, 2016-C-0846 (La. 10/19/16)[40 pp.]
From LSCR Volume 24, Issue 10

          In June 2010 Brandi Billeaudeau, a thirty-four-year-old woman with Down syndrome, collapsed at home and was taken to Op... view full summary
15.Malpractice claim by deceased's granddaughter did not suspend prescription of wrongful death and survival claims.
James E. Guffey v. Lexington House, LLC., 2018-CC-1568 (La. 05/08/2019) [22 pp.]
From LSCR Volume 5, Issue 27
     Geneva Guffey was an elderly patient at Lexington Nursing Home in Alexandria. In January 2016 she sustained a laceration to her leg while being transferred from a bath cha... view full summary
16.Per Guidry, J.; Johnson, C.J., dissenting with reasons.
Attorney General had right of action to pursue State's claim against contractor for overpayment of Medicare providers State v. Molina Healthcare, Inc., 2018-CC-1768 (La. 05/08/2019) [29 pp.]
From LSCR Volume 5, Issue 27
     The State of Louisiana, represented by its Attorney General, filed this suit in 2014 against Molina Healthcare, Inc., Molina Information Systems, L.L.C., and Unisy... view full summary