Kathleen Welch and Carroll Dewayne Welch v. United Medical Healthwest-New Orleans L.L.C. and United Medical Healthcare Inc.
2024-CC-00899
La.Mar 21, 2025Background
- Kathleen Welch developed pressure ulcers while receiving care at BridgePoint and later at United Medical Physical Rehabilitation Hospital during the COVID-19 public health emergency.
- Welch filed a lawsuit alleging ordinary negligence against United Medical, claiming her injuries were due to improper care.
- United Medical argued for dismissal, citing La. R.S. 29:771(B)(2)(c)(i) (LHEPA), which limits liability to gross negligence or willful misconduct during a declared public health emergency.
- The trial court and appellate court both upheld the statute’s application, requiring proof of gross negligence and finding no constitutional issues initially.
- Welch amended her petition to assert the statute was unconstitutional under the Louisiana Constitution’s due process, adequate remedy, and prohibition on special laws grounds; both lower courts rejected this, and the Louisiana Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of LHEPA’s gross negligence standard | Violates due process and right to adequate remedy, overbroad, special law | Statute rationally related to state interest | Statute is constitutional; rational basis exists; applies to all health providers |
| Application of gross negligence standard to these facts | Should not apply because claim is ordinary negligence unrelated to emergency | Applies to any healthcare during the emergency | Standard applies; ordinary negligence claims do not meet threshold; dismissal proper |
| Overbreadth/Absurd results | Statute is overbroad; covers non-emergency, non-COVID-related care | Provision applies broadly to all care | Overbreadth doctrine inapplicable; hypothetical absurdities do not make statute invalid |
| Special law challenge | Grants special immunity to a subset in violation of constitution | Applies uniformly to all healthcare providers | Not a special law; applies equally to all in legitimate class |
Key Cases Cited
- Polk v. Edwards, 626 So.2d 1128 (La. 1993) (presumption of constitutionality and rational basis review for economic regulations)
- Everett v. Goldman, 359 So.2d 1256 (La. 1978) (malpractice victims' right to sue is not fundamental; rational basis standard applies)
- Bazley v. Tortorich, 397 So.2d 475 (La. 1981) (legislature may restrict access to courts where rational basis exists)
- Butler v. Flint Goodrich Hosp. of Dillard University, 607 So.2d 517 (La. 1992) (right to recover for malpractice is not fundamental)
- Oliver v. Magnolia Clinic, 85 So.3d 39 (La. 2012) (restrictions on medical malpractice claims are subject only to rational basis review)
- Crier v. Whitecloud, 496 So.2d 305 (La. 1986) (access to courts provision ensures courts are open for remedies the legislature creates)