Johnson v. Bhandari, 266 So. 3d 961

Archie Johnson, diagnosed with chronic Hepatitis C and suspected cirrhosis, saw Dr. Raj Bhandari in 2008 and again in 2015; imaging and labs in 2015 suggested possible cirrhosis.
Dr. Bhandari recommended further testing, surveillance ultrasounds, endoscopy consideration, and attempted to obtain antiviral therapy (Harvoni); Johnson tested positive for marijuana, which insurers used to deny or delay Hep C medication approvals.
Johnson alleged delay/failure to treat, claiming Bhandari failed to order confirmatory biopsy and to pursue medication authorization; he filed a medical review panel complaint (panel found no breach) and then sued in district court.
The medical review panel concluded evidence did not show a breach: disease onset dated to 2008, required testing/insurance "check-boxes" were necessary, and fibroscan in Wisconsin showed milder disease commonly denied coverage in Louisiana in 2015.
At summary judgment, Johnson sought a continuance to allow newly retained counsel time to prepare; the trial court denied the continuance, found no expert support for malpractice beyond the panel opinion, and granted summary judgment for Bhandari; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of continuance	Johnson: newly retained counsel needed time; continuance warranted	Bhandari: plaintiff had ample time (case filed years earlier), discovery completed, counsel made only one filing	Denial was not an abuse of discretion; plaintiff had long opportunity to prepare
Whether expert testimony was required	Johnson: Bhandari's deposition admissions (e.g., biopsy comment) suffice as expert evidence; later Wisconsin treatment shows breach	Bhandari: plaintiff failed to present independent expert; malpractice claims require expert proof of standard and breach	Expert testimony required here; Johnson offered no independent expert; deposition alone insufficient
Whether alleged failure to biopsy was malpractice	Johnson: failure to obtain biopsy = misdiagnosis and delayed treatment	Bhandari: biopsy not required given high-specificity tests and ultrasound findings; insurer criteria constrained treatment timing	Court: no obvious negligent act; diagnosis supported by available tests; cannot judge by hindsight or out-of-state subsequent treatment
Summary judgment proper	Johnson: disputes of fact exist, misdiagnosis caused harm	Bhandari: medical review panel found no breach; no expert proof of negligence; legal standards unmet	Summary judgment affirmed — plaintiff failed to meet burden to show breach and causation

Bank of New York Mellon v. Smith, 180 So.3d 1238 (La. 2015) (de novo review applies to appellate review of summary judgment)
Richardson v. Cotter, 245 So.3d 136 (La. App. 2 Cir. 2017) (expert testimony generally required in medical malpractice except for obvious negligence)
Pfiffner v. Correa, 643 So.2d 1228 (La. 1994) (examples of "obviously careless" acts that obviate expert proof)
Howard v. Lee, 185 So.3d 144 (La. App. 2 Cir. 2016) (trial court has wide discretion on motions for continuance)
Davis v. European Motors, 243 So.3d 1100 (La. App. 2 Cir. 2017) (abuse-of-discretion standard for continuance denials)
Johnson v. Tucker, 243 So.3d 1237 (La. App. 2 Cir. 2017) (plaintiff burden to prove standard of care, breach, and causation in malpractice action)