McGlothlin v. Christus St. Patrick Hospital

At issue in this case was whether La. Rev. Stat 40:1299.47(H) mandated the admission of a medical review panel when the panel exceeded its statutory authority and rendered an opinion based on Plaintiffs' credibility and not on a medical standard. After submitting their medical malpractice complaint to a medical review panel and the panel rendered an opinion, Plaintiffs Margie and John McGlothlin filed suit against Defendant Christus St. Patrick Hospital. Over both parties' objections, the district court admitted the medical panel's opinion, subject to its redaction of all credibility language. The appellate court reversed, finding the lower court erred in admitting an edited version of the opinion. The court concluded that Plaintiffs proved the hospital's malpractice caused the injury, and awarded Plaintiffs general and special damages. Upon consideration of the vel non of the appellate court's reversal, the Supreme Court found that the medical review panel's opinion was inadmissible, but that the admission was nevertheless harmless. Finding no manifest error in the jury's verdict, the Court reversed the appellate court's judgment and reinstated the district court's judgment. View "McGlothlin v. Christus St. Patrick Hospital" on Justia Law