Albers v. Vina Family Medicine Clinic, 116 So. 3d 940

This is a medical malpractice wrongful-death suit seeking damages from Dr. Williams for Shannon Tufaro's death from aspiration after alleged narcotic prescriptions.
Albers claim Williams and other clinics contributed to Ms. Tufaro’s addiction and death.
Ms. Tufaro died April 6, 2005 from multiple drug ingestion; records were lost in a flood, leaving Medicaid records as the main proof.
Albers filed a Patient’s Compensation Fund claim in 2006; medical-review-panel evidence was not pursued and expired.
The trial court denied prescription on contra non valentón grounds after Katrina; discovery deficiencies persisted, and no expert witness was identified for years.
Summary judgment was granted four months after the hearing, based on insufficient expert proof; Albers filed an appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper due to lack of competent expert evidence	Albers asserts expert testimony (McKay) creates a genuine issue	Williams argues plaintiffs failed to prove breach or causation; no expert proof existed	Yes; trial court correctly granted summary judgment

Pfiffner v. Correa, 643 So.2d 1228 (La. 1994) (elements of medical malpractice, standard of care and causation must be shown)
Williams v. Memorial Medical Center, 870 So.2d 1044 (La. App. 4 Cir. 2004) (expert required to prove medical negligence absent obvious negligence)
Coleman v. Deno, 813 So.2d 303 (La. 2002) (limits on lay perception of negligence; expert needed)
Williams v. Metro Home Health Care Agency, Inc., 817 So.2d 1224 (La. App. 4 Cir. 2002) (expert testimony generally required in medical malpractice)
Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (summary judgments reviewed de novo; absence of genuine issue)
Samaba v. Rau, 977 So.2d 880 (La. 2008) (mover need not negate all elements; can show lack of factual support)
Schully v. Hughes, 820 So.2d 1219 (La. App. 4 Cir. 2002) (consideration of attached documents in summary judgment)