Andrews v. Our Lady of the Lake Ascension Community Hospital, Inc.
142 So. 3d 36
La. Ct. App.2014Background
- On Nov. 16, 2012 Patricia and Darin Andrews sued St. Elizabeth Hospital after Mrs. Andrews was allegedly dropped while staff attempted to move her from bed to a wheelchair, fracturing her foot and ankle.
- Plaintiffs alleged general negligence and later amended to allege the bed/wheelchair were defective; they asserted the claims fell outside the Medical Malpractice Act (MMA).
- Hospital filed a dilatory exception of prematurity, arguing plaintiffs failed to present the claim to a medical review panel as required by LSA-R.S. 40:1299.41 et seq.
- At hearing the trial court sustained the exception and dismissed the suit without prejudice for prematurity.
- Plaintiffs appealed, arguing the facts alleged did not constitute "malpractice" under the MMA and thus the suit was not premature.
- The court reviewed the statutory definition of malpractice (including handling/loading/unloading of a patient) and applied controlling precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim falls within the MMA so the suit was premature | Andrews: the alleged dropping/handling is general tort, not "malpractice" under Coleman factors | St. Elizabeth: handling/loading/unloading of a patient fits MMA definition of malpractice and requires medical review panel | Court: Claim falls within MMA (handling of a patient) and exception of prematurity was properly sustained |
Key Cases Cited
- Coleman v. Deno, 813 So.2d 303 (La. 2002) (six-factor test for determining whether negligent acts by a health-care provider constitute malpractice)
- McMillian v. Westwood Manor Nursing Home, Inc., 92 So.3d 623 (La. App. 3 Cir. 2012) (handling/loading/unloading claims fall squarely within statutory malpractice definition)
- Rivera v. Bolden's Transp. Serv., Inc., 97 So.3d 1096 (La. App. 1 Cir. 2012) (prematurity exception requires dismissal when MMA panel prerequisite not met)