Montalbano v. Buffman Inc.
90 So. 3d 503
| La. Ct. App. | 2012Background
- This consolidated wrongful death and survival action against St. Rita’s Nursing Home arises from Katrina aftermath deaths.
- Plaintiffs allege medical malpractice under MMA due to failure to evacuate; PCF intervened seeking dismissal of claims against it.
- Trial court granted PCF summary judgment; plaintiffs appealed challenging MMA applicability to evacuation decision.
- Court analyzes MMA scope: malpractice requires medical treatment; administrative evacuation decision may fall outside MMA.
- Key authorities: Coleman factors used to decide whether claim sounds in medical malpractice or general negligence.
- Court affirms, holding Mangano’s evacuation decision was administrative and not governed by MMA; damages/settlements noted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MMA apply to evacuation decisions at a nursing home? | Mangano decision affected medical care; falls within MMA as health care provider actions. | Evacuation is an administrative decision, not medical treatment; MMA does not apply. | No; evacuation decision not within MMA; general negligence governs. |
| Are the plaintiffs’ claims for failure to evacuate subject to the medical review panel requirement? | Claims relate to standard of care for health care providers during Katrina. | Claims do not involve medical treatment; no medical review panel required. | Not required; MMA not triggered by evacuation decision. |
| Do the Coleman factors support treating the claims as general negligence rather than MMA malpractice? | Evacuation and care decisions involve medical judgment and patient safety. | Decision was administrative, not treatment-related; factors favor general negligence. | Factors support general negligence; not sound in MMA. |
| Was the summary judgment against PCF proper based on record evidence? | Evidence shows consultations and medical considerations; MMA applicable. | Evidence shows administrative decision, no MMA; summary judgment appropriate. | Affirmed; summary judgment proper; PCF not liable under MMA. |
Key Cases Cited
- LaCoste v. Pendleton Methodist Hosp., L.L.C., 947 So.2d 150 (La.App. 4 Cir. 2006) (six Coleman factors guide whether claim is medical malpractice)
- Mineo v. Underwriters at Lloyds, London, 997 So.2d 187 (La.App. 4 Cir. 2008) (evacuation failures could be general negligence, not MMA)
- Lafonta v. Hotard Coaches, Inc., 969 So.2d 686 (La.App. 4 Cir. 2007) (nursing home failures not always medical malpractice)
- Quinney v. Summit of Alexandria, 903 So.2d 1226 (La.App. 3 Cir. 2005) (nursing home care deficiencies not necessarily MMA malpractice)
- Wild v. NS’NG, Inc., 898 So.2d 466 (La.App. 1 Cir. 2004) (premises security failures not necessarily medical malpractice)
- Coleman v. Deno, 813 So.2d 315 (La. 2002) (six-factor framework for MMA applicability)