286 So.3d 506
La. Ct. App.2019Background
- On March 2, 2017, Mouhamadou Moustapha Niang collapsed while playing basketball at a YMCA; his wife, Alendra Brown‑Niang, a certified cardiac life‑support provider, requested an AED and was told none was available.
- Mr. Niang was transported to University Medical Center and died March 11, 2017 of anoxic encephalopathy due to sudden cardiac arrest.
- On November 8, 2017 Mrs. Niang sued Dryades YMCA School of Commerce, Inc. and its insurer for survival and wrongful death damages and alleged a loss‑of‑chance‑of‑survival claim based on YMCA’s alleged statutory duty to keep an AED (La. R.S. 40:1137.3).
- YMCA filed a motion (treated as an exception of no cause of action) arguing Louisiana law does not recognize loss‑of‑chance claims outside medical malpractice.
- The trial court granted the motion and dismissed the loss‑of‑chance claim; the Fourth Circuit affirmed, holding Louisiana has not extended the lost‑chance doctrine to non‑medical negligence matters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a plaintiff may plead a loss‑of‑chance‑of‑survival cause of action against a non‑medical tortfeasor (here, a YMCA's alleged failure to keep an AED) | Niang: statutory breach (failure to keep AED) deprived decedent of a chance of survival and thus states a cognizable lost‑chance claim outside medical malpractice | YMCA: lost‑chance doctrine is limited to medical malpractice; extending it would restructure tort causation and invite speculation | Court: Affirmed that lost‑chance recovery is limited to medical malpractice under existing Louisiana jurisprudence; plaintiff’s petition fails to state a cause of action in a non‑medical negligence case |
Key Cases Cited
- Hastings v. Baton Rouge Gen. Hosp., 498 So.2d 713 (La. 1986) (recognizes lost‑chance recovery in medical malpractice when defendant conduct destroys a substantial possibility of survival)
- Smith v. State Through Dep’t of Health & Human Res., 676 So.2d 543 (La. 1996) (confirms lost‑chance is a distinct damage category in medical malpractice and limits discussion to medical providers)
- Martin v. East Jefferson Gen. Hosp., 582 So.2d 1272 (La. 1991) (further discusses lost‑chance principles in the medical context)
- Hardy v. Southwestern Bell Tel. Co., 910 P.2d 1024 (Okla. 1996) (refuses to extend lost‑chance doctrine to ordinary negligence, emphasizing physician‑patient special relationship and policy concerns)
- Roberts v. Ohio Permanente Med. Group, Inc., 668 N.E.2d 480 (Ohio 1996) (adopts lost‑chance rule for medical malpractice but declines to alter causation principles in other tort areas)
- Daugert v. Pappas, 704 P.2d 600 (Wash. 1985) (recognizes lost‑chance in medical misdiagnosis context but resists expansion to dissimilar professional malpractice)
- Kramer v. Lewisville Mem’l Hosp., 858 S.W.2d 397 (Tex. 1993) (declines to adopt broad lost‑chance rule and warns against extending doctrine to nonmedical professions)