Archive of LSCR Articles

Showing results for Category "MEDICAL MALPRACTICE"
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1.Personal service on state healthcare provider physician was sufficient.
Donna Brown v. Ralph Chesson, M.D., 2020-CC-00730 (La. 03/24/2021) [7 pp.]
From LSCR Volume 29, Issue 3
     In October 2012 plaintiff filed a complaint with the Division of Administration against Dr. Ralph Chesson, alleging medical malpractice during a 2011 surgical procedure. ... view full summary
2.Collateral source rule precluded PCF from introducing evidence of payment of medical expenses by military healthcare system plan.
Michael Thomassie v. Amedisys LA Acquisitions, LLC, 2020-C-01229 (La. 01/20/2021) [3 pp.]
From LSCR Volume 29, Issue 1
     In January 2010 Michael Thomassie, a 62-year-old disabled Navy veteran, fell at his home and fractured his leg. While subsequently being provided skilled home nursing c... view full summary
3.Negligent credentialing and re-credentialing claim was covered by LMMA.
Megan Thomas v. Regional Health System of Acadiana, LLC, 2019-C-00507 c/w 2019-C-00524 (La. 01/29/2020) [23 pp.]
From LSCR Volume 28, Issue 2

          Mariah Charles was born prematurely in October 2014 at Lafayette General Medical Center. She was transferred to Women's and Children's ... view full summary
4.Plaintiff's claims were for administrative negligence and not medical malpractice.
Brenda Scio v. University Medical Center Management Corp., 2019-CC-1319 (La. 10/21/19) [1 pp.]
From LSCR Volume 27, Issue 10
          aintiff filed suit against University Medical Center New Orleans (UMC) alleging that UMC "was negligent in failing to implement an adm... view full summary
5.Allegations in MRP complaint were sufficient to include claim for failure to supervise and train nurses.
Darrin Coulon vs. Endurance Risk Partners, Inc., 2016-CC-1146 (La. 03/15/17) [11 pp.]
From LSCR Volume 25, Issue 3
     Plaintiff underwent surgery to his shoulder at the West Bank Surgery Center. He developed an infection, necessitating several additional surgeries and treatment. H... view full summary
6.Judge's misconduct during jury trial warranted new trial.
Richard Logan v. Dr. Donald Schwab, 2015-C-1508 (La. 05/27/16) [13 pp.]
From LSCR Volume 24, Issue 6

          Plaintiffs filed this medical malpractice action in the 32nd JDC, Judge Ellender presiding. The jury found for defendant, and the dist... view full summary
7.Defendant not entitled to summary judgment even though plaintiff had not produced expert testimony.
Mary Lindsey v. Hospital Service Dist. No. 1 of Tangipahoa Parish d/b/a North Oaks Medical Center, 2016-CC-0683 (La. 06/03/16) [3 pp.]
From LSCR Volume 24, Issue 6

          Plaintiff brought this medical malpractice action against North Oaks Medical Center. North Oaks moved for summary judgment, and t... view full summary
8.Faxed requests for review of malpractice claim deemed filed on date that they are received by fax in office of DOA, even if not stamped and certified by DOA until the following day.
In Re: Medical Review Panel Claim of Rose Tillman, 2015-CC-1114 c/w In Re: Medical Review Panel Claim of Peighton Miller, 2015-CC-1263 (La. 03/15/16) [22 pp.]
From LSCR Volume 24, Issue 3

          Louisiana's Medical Malpractice Act directs that a request for review of a malpractice claim "shall be deemed filed on the date of rec... view full summary
9.Allegation that defendant hospital failed to properly maintain equipment used in sterilization process fell under MMA.
Richard Dupuy v. NMC Operating Co., LLC d/b/a The Spine Surgery Hospital of Louisiana, 2015-CC- 1754 (La. 03/15/16) [16 pp.]
From LSCR Volume 24, Issue 3

          Plaintiffs, Mr. and Mrs. Dupuy, filed suit against the defendant hospital seeking damages as a result of Mr. Dupuy's alleged develop... view full summary
10.Terminated law firm entitled to portion of fee from medical malpractice plaintiffs' settlement with PCF only two months after firm's termination.
W. Carl Reynolds, P.C. v. Marjorie A. McKeithen, 2015-C-1122 (La. 10/09/15) [2 pp.]
From LSCR Volume 23, Issue 10

          In November 1996 Stephen and Cindy Phares hired W. Carl Reynolds, a Georgia attorney, and his firm, Reynolds, McArthur & Horne (th... view full summary
11.Jury verdict for defendant was not manifestly erroneous given expert testimony at trial.
Clyde Snider, Jr. v. Louisiana Medical Mutual Insurance Company, 2014-C-1964 (La. 05/05/15) [17 pp.]
From LSCR Volume 23, Issue 5

          In May 2007 plaintiff was diagnosed with coronary artery disease and acute coronary syndrome and treated with angioplasty and the ... view full summary
12.Verdict for defendant reversed where district court erred in not allowing testimony of plaintiffs' expert.
Robert Thomas McGregor v. Hospice Care of Louisiana in Baton Rouge, LLC, 2014-C-2591 (La. 04/24/15) [2 pp.]
From LSCR Volume 23, Issue 4

          In April 2002, Donald McGregor, who had terminal metastatic prostate cancer, was unable to travel to his doctor's office any longer an... view full summary
13.Partial summary judgment against physician on causation was not binding against PCF in plaintiff's claim for damages exceeding $100,000 cap.
Majdi Khammash v. John E. Clark, M.D., 2013-C-1564 c/w 2013-C-1736 (La. 05/07/14) [22 pp.]
From LSCR Volume 22, Issue 5

          Plaintiff injured his back and was treated by Dr. John Clark and, in his absence, Dr. Gray Barrow. He filed suit against several defen... view full summary
14.District court could require PCF to obtain judicial approval before terminating medical expense payments to patient.
Tina Lynette Watkins v. Lake Charles Memorial Hospital, 2013-C-1137 (La. 03/25/14) [37 pp.]
From LSCR Volume 22, Issue 3

          Dustin Watkins suffered an in utero stroke two days before his birth in 1990, resulting in a brain injury. A medical malpractice actio... view full summary
15.Court of appeal erred in reversing defense verdict based on lack of informed consent.
Clyde Snider, Jr. v. Louisiana Medical Mutual Insurance Co., 2013-C-0579 (La. 12/10/13) [25 pp.]
From LSCR Volume 21, Issue 12

          In May 2007, plaintiff, then almost twenty-seven, was diagnosed with coronary artery disease and acute coronary syndrome and treated w... view full summary
16.Defendants not enrolled in PCF at time of tortious act were not entitled to rely on PCF letter erroneously designating them qualified health care providers.
George T. Luther v. IOM Company LLC, 2013-C-0353 (10/15/13) [16 pp.]
From LSCR Volume 21, Issue 10

          On October 30 and November 1, 2007, plaintiff underwent successive back surgeries that resulted in neurological damage, including para... view full summary
17.Suspension of prescription under MMA applies to claim against tortfeasor who is solidarily liable with health care providers even though tortfeasor is not a health care provider.
Daniel Milbert v. Answering Bureau, Inc., 2013-C-0022 (La. 06/28/13) [19 pp.]
From LSCR Volume 21, Issue 7

          Daniel Milbert, a thirty-five-year-old roofer, fell off of a roof on September 2, 2008, and broke his right ankle. Two days later, he ... view full summary
18.New medical review panel required because one original physician-member failed to disclose financial relationship with physician-defendant.
Renea Fanguy v. Lexington Insurance Company, 2013-C-0114 (La. 04/01/13) [3 pp.]
From LSCR Volume 21, Issue 4

          Plaintiff filed a medical malpractice claim against Dr. Michael Graham. Dr. Vernon Carriere was nominated to participate as a panelist... view full summary
19.Where proposed expert witness had relinquished license to practice medicine by time of trial, statute required showing that his medical school had proper accreditation when he graduated; plaintiffs failed to make that showing, resulting in directed verdict for defendant.
John Benjamin, Sr. v. William Zeichner, M.D., 2012-C-1763 (La. 04/05/13) [15 pp.]
From LSCR Volume 21, Issue 4

          Plaintiffs were the husband and children of Margaret Benjamin. They brought this medical malpractice action against defend... view full summary
20.Date of actual dismissal of request for medical review panel, not notice of dismissal, commences ninety-day grace period of Section 40:1299.47(A)(2)(c).
Gloria Turner v. Willis Knighton Medical Center, 2012-C-0703 c/w 2012-C-0742 (La. 12/04/12) [14 pp.]
From LSCR Volume 20, Issue 12

          On August 20, 2008, James Turner died, allegedly from negligent treatment by doctors at Willis Knighton Medical Center, where he had... view full summary
21.Judgment vacated in light of recent decision declaring medical malpractice cap constitutional.
Susan Arrington v. Galen-Med, Inc., 2012-CA-0908 (La. 05/22/12) [2 pp.]
From LSCR Volume 20, Issue 5

          In this medical malpractice action, the district court declared unconstitutional La. R.S. Section 40:1299.42(B), which pla... view full summary
22.Constitutionality of medical malpractice cap upheld as to nurse practitioners.
Joe Oliver v. Magnolia Clinic, 2011-C-2142 (La. 03/13/12) [23 pp.]
From LSCR Volume 20, Issue 3

          Taylor Oliver is the child of Joe and Helena Oliver. Shortly after Taylor was born in 2000, she was brought to the Magnolia Clinic, ow... view full summary
23.Medical review panel opinion was inadmissible, but error was harmless.
Margie McGlothlin v. Christus St. Patrick Hospital, 2010-C-2775 (La. 07/01/11) [33 pp.]
From LSCR Volume 19, Issue 7
Plaintiff was admitted to Christus St. Patrick Hospital for bilateral total knee replacement surgery in 1999. The surgery was successful, but her patella was dislocated during her stay in the rehabi... view full summary
24.Fault reapportioned by court of appeal and Supreme Court.
Jonathon Johnson v. Morehouse General Hospital, 2010-C-0387 c/w 2010-C-0488 (La. 05/10/11) [54 pp.]
From LSCR Volume 19, Issue 5
On November 4, 1999, Dr. John Ziegler performed an emergency C-section at Morehouse General Hospital on Belinda Johnson, an insulin dependent diabetic who was approximately thirty-seven weeks pregna... view full summary
25.Appeal court erred in reversing dismissal and remanding for Sibley hearing.
Patrick Russo v. Dr. Steven Kraus, 2010-C-2463 (La. 01/28/11) [1 p.]
From LSCR Volume 19, Issue 2

          In 1998 Janice Russo underwent a hysterectomy after a uterine cervix biopsy revealed moderate- severe dysplasia without malignancy. Dr... view full summary
26.Expert testimony was required to defeat summary judgment.
Sharon Shultz v. Janos Guoth, M.D., 2010-CC-0343 (La. 01/19/11) [18 pp.]
From LSCR Volume 19, Issue 1

          In November 2002, Leanne Brow, who was 15-years-old and 6 months pregnant, arrived at Oakdale Community Hospital complaining of severe... view full summary
27.Court addresses claims based on doctor's deposition testimony.
Margaret Acara v. Bradley Banks, M.D., 2010-CC-0741 (La. 06/18/10) [2 pp.]
From LSCR Volume 18, Issue 6
In a prior case, plaintiff had filed a personal injury claim. Defendant was deposed concerning plaintiff's medical condition. Plaintiff later filed the instant medical malpractice suit against defend... view full summary
28.Medical malpractice claim not prescribed; plaintiff filed suit within 1 yearof discovery of alleged malpractice.
Elizabeth Phoebe Williamson v. Dr. Thomas E. Hebert, 2010-CC-0071 (La. 04/05/10) [2 pp.]
From LSCR Volume 18, Issue 4
Defendant performed surgery on plaintiff in August 2000. Following surgery, plaintiff apprehended that something was wrong and consulted with 2 different doctors. Both assured her that her condition ... view full summary
29.Petition adding new plaintiff does not relate back under art. 1153; overruling recent precedent.
Warren v. Louisiana Medical Mut. Ins. Co., 2007-CC-0492 (La. 6/26/09) [30 pp.]
From LSCR Volume 17, Issue 7
          In this opinion on rehearing, the Court overrules its original opinion, reported in December, 2008 LSCR.
     &... view full summary
30.Prescription is suspended until notice of review panel's dissolution is sent by certified mail.
Thibodeaux v. Donnell, 2008-C-2436 (La. 5/5/09) [12 pp.]
From LSCR Volume 17, Issue 5
          Plaintiff Kimberly Thibodeaux underwent a caesarean section performed by defendant Dr. James Donnell on November 20, 2003. On November 4, 20... view full summary
31.Claims-made policy excludes coverage; doctor not "qualified" under MMA.
Hood v. Cotter, 2008-C-0215 c/w 2008 -C-0237 (La. 12/2/08]
From LSCR Volume 16, Issue 12
          Plaintiff Carl Hood sought medical treatment from defendant Dr. Mark Cotter, for back pain, sleeping difficulties, and anxiety. Plaintiff al... view full summary
32.Three-year MMA limitations period is prescriptive, not peremptive;
overruling recent precedent. Minos Borel v. Dr. Clinton Young, 07-C-0419 (La. 7/1/08) [51 pp.]
From LSCR Volume 16, Issue 7
          In April, 1999, an ultrasound disclosed the presence of a mass in the left lower abdomen of Mary Borel. Dr. Castor recommended surgery. Mrs.... view full summary
33.Medical review panel opinion satisfies defendant's burden on summary judgment.
Samaha v. Rau, 07-C-1726 (La. 2/26/08) [18 pp.]
From LSCR Volume 16, Issue 3
          Plaintiff Samaha underwent thyroid surgery performed by defendant Dr. David J. Rau. Plaintiff filed a claim under the MMA, alleging that she... view full summary
34.MMA cap on total damages does not reduce every defendant's liability.
Nora Miller v. Lammico, 07-C-1352 (La. 1/16/08) [30 pp.]
From LSCR Volume 16, Issue 1
          Plaintiff Nora Miller sued defendant Dr. Biddle in medical malpractice after she became massively infected following the birth of her child.... view full summary
35.Plaintiff's fall from hospital bed not covered by Med Mal Act. Richard Blevins v. Hamilton Medical Center, 2007-CC-0127 (La.
06/29/07) [17 pp.]
From LSCR Volume 15, Issue 7
          Plaintiff Blevins applies for supervisory review of a judgment sustaining an exception of prematurity. While recuperating from treatment of ... view full summary
36.Med Mal claim against nurse has prescribed, while claim against doctor has not.
In re: Medical Review Panel, Matter of Stephanie Noe, 05-C-2275 (La. 5/22/07) [32 pp.]
From LSCR Volume 15, Issue 6
          Plaintiff Stephanie Noe sought treatment on June 11, 2001 from her physician, Dr. Hill, for sinus congestion. Dr. Hill ordered a Celestone i... view full summary
37.Failure to inform patient of material risk was not malpractice.
Sonja Jackson v. State of Louisiana, 05-C-2021 (La. 9/29/06) [4 pp.]
From LSCR Volume 14, Issue 10
          Plaintiff filed suit against the State of Louisiana and E. A. Conway Medical Center for damages after a scheduled surgery, to remove a uteri... view full summary
38.LeBreton case is retroactive; exception of prescription granted.
Delbert W. Bush v. National Health Care of Leesville, 05-C-2477 (La. 10/17/06]
From LSCR Volume 14, Issue 10
          Plaintiffs filed this suit on behalf of their minor son, Daniel, to recover damages for medical malpractice arising out of treatment that wa... view full summary
39.Malpractice jury verdict for defense affirmed.
Yata Jackson v. Tulane Medical Center Hospital, 05-C-1594 (La. 10/17/06) [18 pp.]
From LSCR Volume 14, Issue 10
          Plaintiff Jackson was referred by her treating obstetrician to Tulane Medical Center Hospital for evaluation of her pre-eclampsia. A second-... view full summary
40.No medical negligence by delivery team.
Salvant v. State, Bd. of Sup. of LSU, 05-C-2126 (La. 7/6/2006) [23 pp.]
From LSCR Volume 14, Issue 8
          Plaintiff Salvant was admitted to the Medical Center of Louisiana for delivery of her baby. The baby's position was ROA, or right occiput an... view full summary
41.PCF may not appeal liability vel non, where defendant medical provider has paid the judgment.
Hanks v. Seale, 2004-C-1485 (La. 6/17/05) [25 pp.]
From LSCR Volume 13, Issue 6
          Plaintiff Hanks filed suit to recover damages for personal injuries he suffered, allegedly as a result of medical malpractice by defendants,... view full summary
42.Physician without La. license not eligible for PCF; neither is medical staffing agency.
O'Brien v. Rizvi, 2004-C-2252 (La. 4/12/05) [14 pp.]
From LSCR Volume 13, Issue 5
           Plaintiff O'Brien filed this suit to recover damages for personal injuries allegedly resulting from medical malpractice during treatment by... view full summary
43.Consent for D&C encompassed risk of "emergent" hysterectomy.
Thibodeaux v. Jurgelsky, 2004-C-2004 (La. 3/11/05) [33 pp.]
From LSCR Volume 13, Issue 3
          Plaintiffs brought this medical malpractice action to recover damages arising from a hysterectomy. Plaintiff Ms. Thibodeaux saw defendant Dr... view full summary
44.Med Mal prescription interrupted by continuing efforts to treat injury.
Carter v. Haygood, 2004-C-0646 (La. 1/19/05) [27 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Carter filed this suit to recover damages for personal injuries allegedly suffered as a result of dental malpractice by defendant,... view full summary
45.Drawing blood at a blood bank not covered under MMA.
Delcambre v. Blood Systems, Inc., 2004-C-0561 (La. 01/19/05) [15 pp.]
From LSCR Volume 13, Issue 1
          Plaintiff Nolan Delcambre went to the United Blood Services office in Lafayette for the sole purpose of donating blood. A phlebotomist emplo... view full summary
46.MMA scope strictly construed; failure to repair wheelchair lies outside the MMA.
Williamson v. Hospital Service District No. 1 of Jefferson, 2004-C-0451 (La. 12/01/04) [16 pp.]
From LSCR Volume 12, Issue 12
          Plaintiff alleged that after she was discharged from the West Jefferson Medical Center, and as she was being pushed by wheelchair to the par... view full summary
47.State health care physicians can be named as codefendants under MLSSA, but cannot be cast in judgment.
Rose Detillier v. Kenner Regional Medical Center, 2003-CC-3259 (La. 07/06/04) [19 pp.]
From LSCR Volume 12, Issue 8
          Plaintiffs' decedent died in Kenner Regional Medical Center ("Kenner Regional") while being treated for insulin-dependent diabetes and relat... view full summary
48.Medical review panelists may be hired as experts at trial;
establishing controlling precedent. Medine v. Roniger, 2003-C-3436 (La. 7/2/04) [19 pp.]
From LSCR Volume 12, Issue 7
          Plaintiffs filed this medical malpractice suit to recover damages for the wrongful death of their son, who died of an intentional overdose o... view full summary
49.Neither interrogatories nor exceptions are available to force a Med Mal claimant to amplify his allegations.
Harold Ross Perritt v. Grant Dona, 2002-CC-2601 c/w 2002-CC-2603 (La. 2/7/03) [21 pp.]
From LSCR Volume 11, Issue 8
          The Court granted certiorari in three consolidated medical malpractice revie... view full summary
50.Blood transfusion strict liability cases are subject to three-year peremption period; overruling recent precedent.
Rocky Wayne David v. Our Lady of The Lake Hospital, 2002-CC-2675 (La. 7/2/03) []
From LSCR Volume 11, Issue 7
          This is the third time in three and one-half years that the Court has modified its holding on this issue. Plaintiff Davis received blood tra... view full summary
51.Third-party fault, damages, and interest under the MMA construed.
Barbara Hall v. Brookshire Brothers, 2002-C-2404 (La. 6/2703) [28 pp.]
From LSCR Volume 11, Issue 7
          This case addresses three critical issues in medical malpractice: (1) the propriety of quantifying victim and third-party fault in suits aga... view full summary
52.Settlement by Med Mal defendant, without its insurer, does not establish liability of PCF.
Ginn v. Woman's Hosp. Foundation, 02-C-1913 (La. 4/9 /03) [13 pp.]
From LSCR Volume 11, Issue 4
          Plaintiff filed suit to recover damages for personal injuries she suffered when she allegedly received a blood transfusion from defendant Ho... view full summary
53.Nursing home case covered by MMA only when wrongdoing sounds in medical malpractice.
Richard v. Louisiana Extended Care Centers, 2002-C-0978 (La. 1/14/03) [14 pp.]
From LSCR Volume 11, Issue 1
          Plaintiffs' decedent, a 92-year-old double amputee, was confined in a nursing home when she suffered bruises and lacerations to her head and... view full summary
54.Premature filing of suit, or untimely filing against solidary codefendant, does not interrupt Med Mal prescription.
Geiger v. State, DHH, 01-CC-2206 (La. 4/12/02) [13 pp.]
From LSCR Volume 10, Issue 5
Plaintiffs' child suffered injuries in a fall from an indoor swing on July 13, 1992, for which the child was treated at Earl K. Long Hospital. Plaintiffs filed suit on July 14, 1993 against the manuf... view full summary
55.Physician's "dumping" of an uninsured patient falls within the MMA; Court adopts three new factors in determining application of the MMA.
Coleman v. Deno, 01-C-1517 (La. 1/25/02) [29 pp.]
From LSCR Volume 10, Issue 2
Plaintiff Coleman presented himself at Jo Ellen Smith Hospital ("JESH") complaining of swelling in his left arm. Defendant Dr. Deno saw Coleman and diagnosed him with cellulitis, an infection of conn... view full summary
56.Patient's Compensation Fund has standing to intervene to contest physician's coverage under the MMA.
Elena Ledo Bennett, et al. v. Dr. Robert Krupkin, et al., No. 2001-C-0209 (La. 10/16/01) [10 pp]
From LSCR Volume 9, Issue 10
          Plaintiff's estate filed a wrongful death action against her treating physician. On the date on which plaintiff died, the physician was reti... view full summary