Archive of LSCR Articles
Showing results for Category "MEDICAL MALPRACTICE" | Jump to a direct Volume/Issue
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| MEDICAL MALPRACTICE
| | 1. | Court of appeal should have allocated fault between defendants.
Darcy Driver v. Willis Knighton Pierremont Health Center, 2025-C-00391 c/w 2025-C-00400 (La. 06/25/2025) [4 pp.]
From LSCR Volume 33, Issue 6
In this medical malpractice case, the jury found plaintiffs failed to prove the applicable
standard of care. On appeal the Second Circuit reversed, reviewe... view full summary | | 2. | Case dismissed for failure to meet bond deadline in consent judgment.
Valarie Cantrelle v. William T. Sargent, M.D., 2024-CC-01545 (La. 04/08/2025) [3 pp.]
From LSCR Volume 33, Issue 4
Plaintiff filed a medical malpractice complaint requesting a medical review panel against
defendant. The medical review panel rendered a unanimous opinion co... view full summary | | 3. | Court applies contra non valentem in light of litigation tactics by defendants.
In re: Medical Review Panel Proceedings of Denielle Poree, 2023-C-01590 (La. 04/23/2025) [6 pp.]
From LSCR Volume 33, Issue 4
On February 10, 2022, Denielle Poree went to Ambrose M. Martin, III, DDS, at Gentilly Family
Dental to have a tooth pulled. While Poree was sedated, Dr. Martin allegedl... view full summary | | 4. | Claim against surgeon not abandoned during appeal of claims against other defendants.
Allen Dehart v. Bruce A. Jones, M.D., 2025-C-00031 (La. 04/23/2025) [4 pp.]
From LSCR Volume 33, Issue 4
On September 30, 2008, Arlene Dehart underwent surgery for the repair of a heart valve. She
suffered complications after the surgery and died on October 27, 2008. Pla... view full summary | | 5. | Entire medical review panel opinion was admissible.
Terry Almon v. James M. Laborde, M.D., 2025-CC-00217 (La. 04/23/2025) [2 pp.]
From LSCR Volume 33, Issue 4
In this medical malpractice action plaintiff filed a motion in limine seeking to exclude the
admission of part of the medical review panel's opinion. The district c... view full summary | | 6. | District court did not abuse discretion in ordering second deposition of surgeon.
Louise Frederick v. St. Charles Surgical Hospital, 2024-CC-01537 (La. 04/29/2025) [2 pp.]
From LSCR Volume 33, Issue 4
In March 2017 plaintiffs filed a medical review panel complaint against Alexis Waguespack,
M.D., and other healthcare providers alleging they committed medical ... view full summary | | 7. | Statute raising standard of care for medical providers to gross negligence during declared health emergency was constitutional.
Kathleen Welch v. United Medical Healthwest-New Orleans, LLC, 2024-CC-00899 (La. 03/21/2025) [18 pp.]
From LSCR Volume 33, Issue 3
In November 2019 plaintiff was admitted to Tulane Medical Center for acute pancreatitis and
diabetic ketoacidosis. After an extended stay, she was admitted for rehabi... view full summary | | 8. | Genuine issues of material fact precluded summary judgment in medical malpractice case.
Charles Burns v. Baton Rouge General Medical Center, 2024-C-01013 (La. 12/11/2024) [2 pp.]
From LSCR Volume 32, Issue 12
Enorris Jones was admitted to Baton Rouge General Medical Center on June 28, 2014, and
underwent oral and maxillofacial surgery for repair of a fractured jaw the follow... view full summary | | 9. | Court reverses exclusion of entirety of expert testimony and outlines limitations.
Liric Jackson v. Ochsner Clinic Foundation, 2023-CC-01487 (La. 11/13/2023) [2 pp.]
From LSCR Volume 31, Issue 11
At issue here was expert testimony to be presented by plaintiffs from Dr. Kevin Stephens. The district court allowed the testimony. The Fourth Circuit granted a superviso... view full summary | | 10. | Medical review panel opinion subject to mandatory admission.
Ashley Keller v. Touro Infirmary, 2023-CC-00830 (La. 06/17/2023) [3 pp.]
From LSCR Volume 31, Issue 6
In this medical malpractice case, the district court ruled that the opinion of the medical
review panel would be excluded from evidence. It also ruled def... view full summary | | 11. | Medical review panel opinion subject to mandatory admission unless panel exceeded authority.
Lucia Valenzuela v. Dr. Farnaz Almas Danj, 2023-CC-00198 (La. 05/16/2023) [2 pp.]
From LSCR Volume 31, Issue 5
In this medical malpractice case, plaintiffs moved to exclude the medical review panel's
opinion based on evidence that one or more of the panel ... view full summary | | 12. | Court reverses grant of exception of prescription, disagreeing with lower courts as to date of discovery.
In re: Medical Review Panel of Mason Heath, 2021-C-01367 (La. 06/29/2022) [23 pp.]
From LSCR Volume 30, Issue 7
Plaintiffs Isiah and Chrishanna Smith filed a medical malpractice suit on behalf of their minor
son, Mason Heath. They named Dr. Robert Russell, Minden Medical Center a... view full summary | | 13. | 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 | | 14. | 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 | | 15. | 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 | | 16. | 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 | | 17. | 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 | | 18. | 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 | | 19. | 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 | | 20. | 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 | | 21. | 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 | | 22. | 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 | | 23. | 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 | | 24. | 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 | | 25. | 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 | | 26. | 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 | | 27. | 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 | | 28. | 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 |
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