101 So. 3d 1013
La. Ct. App.2012Background
- MOI and the PCF appeal a trial court verdict finding MOI liable for Helen D’Antoni’s survival and wrongful death damages.
- D’Antoni, an 89-year-old nursing home resident with multiple ailments, entered hospice in Oct 2002 with MOI continuing custodial care; MOI had no role in hospice certification.
- Plaintiffs alleged MOI breached its standard of care pre-hospice and that MOI failed to inform the family of changes in condition; Hospice certification disputed by expert, but certification procedures were followed.
- A medical review panel concluded MOI met the standard of care; trial court found MOI liable for pre-death damages and for violating the Nursing Home Residents’ Bill of Rights (NHRBR) rights related to hospice oversight and information.
- The court awarded a small death-related damages award and separate wrongful death damages, ordered MOI to pay interest and most costs, and reserved/awarded attorney’s fees on NHRBR violations.
- On appeal, the court reverses as to MMA liability for survival and wrongful death, but affirms liability for NHRBR rights violation with remand for attorney’s fees; costs are adjusted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether MOI breached the MMA standard of care | D’Antoni’s heirs contend MOI breached hydration and care standards. | MOI complied with care standards and certification procedures; expert flimsy. | MOI liability under MMA reversed; no breach proven. |
| whether MOI’s handling of hospice certification falls under MMA | Certification issues constitute treatment-related acts subject to MMA. | MOI had no role in hospice certification; certification decisions were made by physicians. | Certification issues treated as non-MMA in scope; no MOI breach found. |
| whether MOI’s failure to inform family of a significant change in condition violated NHRBR | NHRBR requires immediate notification of significant health status changes to family. | NHRBR claims must be separated from MMA; informed-consent aspects pertain differently. | MOI violated NHRBR rights; $10,000 damages awarded; remand for attorney’s fees. |
| whether the trial court erred in awarding costs and whether deposition/expert fees are recoverable | Costs and expert fees were properly taxable under statutory rules. | Some deposition and expert fees were not used at trial and should not be taxed as costs. | Costs adjusted; deposition costs and Cefalu deposition fee not recoverable; overall costs reduced to $12,307.15; remand for attorney’s fees. |
| overall disposition of MMA vs. NHRBR claims | MMA should cover survival and wrongful death damages. | MMA liability should be limited or reversed where not supported; NHRBR may provide separate relief. | Reversed and rendered in part; amended in part; affirmed in part; remanded for attorney’s fees; MOI liable only for NHRBR damages. |
Key Cases Cited
- Braud v. Woodland Village L.L.C., 54 So.3d 745 (La.App. 4 Cir. 2010) (three-elements proof in medical malpractice actions; burden on plaintiff)
- Pfiffner v. Correa, 643 So.2d 1228 (La. 1994) (standard of care and causation in medical malpractice)
- Richard v. Louisiana Extended Care Centers, Inc., 835 So.2d 460 (La. 2003) (NHRBR and MMA interplay; rights-based claims may exceed MMA scope)
- Coleman v. Deno, 813 So.2d 303 (La. 2002) (six-factor test to determine MMA coverage for negligent acts)
- Stobart v. State through Dept. of Transp. and Development, 617 So.2d 880 (La.1993) (two-prong test for manifest error in appellate review)
- Stamps v. Dunham, 968 So.2d 739 (La.App. 4 Cir. 2007) (negligence standard and medical malpractice considerations)
- Mineo v. Underwriters at Lloyds, London, 997 So.2d 187 (La.App. 4 Cir. 2008) (nursing home malpractice implications within MMA)
- Richard v. Louisiana Extended Care Centers, Inc., 835 So.2d 460 (La. 2003) (see above (duplicate entry kept for emphasis))
- Watters v. Department of Social Services, 15 So.3d 1128 (La.App. 4 Cir. 2009) (costs allocation and recoverability; depositions not used at trial)
- Randall v. Concordia Nursing Home, 965 So.2d 559 (La.App. 3 Cir. 2007) (NHRBR rights enforcement independent of MMA)