Matherne v. Jefferson Parish Hospital District No. 1
90 So. 3d 534
La. Ct. App.2012Background
- Malcolm and Mitzi Matherne sued West Jefferson Medical Center in Jefferson Parish for injuries to Mrs. Matherne during transport to a hospital bed.
- West Jefferson moved to dismiss the petition as premature under the LMMA because a medical review panel had not been presented with the claim.
- Trial court granted the prematurity exception and dismissed the petition; the Mathernes appealed.
- LMMA defines malpractice broadly to include treatment-related acts and certain hospital patient handling tasks.
- Louisiana Supreme Court-like Coleman factors used to determine if a negligent act falls within LMMA; the court conducted de novo review.
- Court held that the alleged conduct was within LMMA, affirmed trial court’s prematurity ruling, and distinguished Jordan v. Stonebridge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the claim arise from medical malpractice under LMMA? | Matherne argues not all hospital negligence is LMMA-covered. | West Jefferson contends the fall during treatment is LMMA subject to panel review. | Yes; claim falls under LMMA. |
Key Cases Cited
- LaCoste v. Pendleton Methodist Hosp., LLC, 966 So.2d 519 (La. 2007) (LMMA applies to medical malpractice; other torts governed by general tort law)
- Coleman v. Deno, 813 So.2d 303 (La. 2002) (six-factor test to determine LMMA coverage)
- Jordan v. Stonebridge, 862 So.2d 181 (La. App. 5th Cir. 2003) (distinguishable; not applicable where patient was not under medical treatment)
- Williamson v. Hosp. Sen. Dist. No. 1 of Jefferson, 888 So.2d 782 (La. 2004) (six-factor framework for LMMA prematurity inquiry)
- Hernandez v. Diversified Healthcare-Abbeville, LLC, 24 So.3d 284 (La. App. 3 Cir. 2010) (de novo review when determining if claim sounds in medical malpractice)