Justia Medical Malpractice Opinion Summaries

This writ application involved the proper interpretation of La. R.S. 40:1299.47(A)(2)(c), and whether the running of the statutory ninety (90) day grace period in which prescription is suspended in a medical malpractice case begins when a plaintiff’s medical malpractice complaint is dismissed for failure to appoint an attorney chairman, or when plaintiff is notified that his complaint has been dismissed for failure to appoint an attorney chairman. After reviewing the record and the applicable law, the Supreme Court reversed the appellate court's ruling, finding that the 90 day grace period begins to run from the date of dismissal. Because plaintiff failed to file her petition for damages within this 90 day period, her claim was dismissed. View "Turner v. Willis Knighton Medical Center" on Justia Law

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

A jury found that Morehouse General Hospital (Morehouse) committed four acts of malpractice that caused an injury to the son of Jonathon and Belinda Johnson. The jury apportioned 80% of the fault to Morehouse, and 20% to the treating physician. The appellate court found the jury was wrong in finding Morehouse liable for three of the four acts, and reversed those figures (20% to Morehouse; 80% to the physician). The Supreme Court was asked to review whether the appellate court properly modified the jury verdict. After considering the record and the law, the Supreme Court found that the appellate court was correct in finding Morehouse was only liable for one act of negligence, but it disagreed with its apportionment of fault. The Court split the fault between the parties 50%-50%.