Oliver v. MAGNOLIA CLINIC
85 So. 3d 39
La.2012Background
- Coupled writs challenge the MMA cap La.R.S. 40:1299.42(B) as applied to nurse practitioners in a pediatric malpractice case.
- Taylor Oliver, treated solely by Nurse Duhon at Magnolia Clinic, later diagnosed with neuroblastoma causing severe injuries.
- Jury awarded Olivers approximately $10 million; trial court reduced to comply with the cap and ordered PCF to cover certain past medical expenses.
- Court of Appeal initially reinstated full jury award, with divisions on whether nurse practitioners fall within MMA coverage.
- Louisiana Supreme Court granted review to resolve whether the cap applies to nurse practitioners and related MMA provisions.
- Court held the cap is constitutional as applied to all qualified health care providers, including nurse practitioners; affirmed other MMA-related rulings and reinstated trial court judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is La.R.S. 40:1299.42(B) constitutional as applied to nurse practitioners? | Oliver argues cap discriminates based on physical condition; nurse practitioners not covered. | PCF/State contends cap serves legitimate interest and applies to all MMA providers, including nurse practitioners. | Cap constitutional as applied to nurse practitioners. |
| Does the MMA cap apply to past medical expenses and related benefits for a patient in need of future care? | All medical costs, past and future, are within future medical care; PCF overextended limits by excluding certain costs. | Future medicals limited by cap and structured by MMA provisions; lien-based payments are controlled by statute. | MMA intends to compensate all medical expenses; trial court properly included past medicals and related benefits. |
| Is judicial interest payable on past medical expenses awarded to plaintiffs when Medicaid paid those expenses? | Interest attaches to the judgment; DHH may have privilege, but PCF bears liability for past medicals. | DHH right to recover Medicaid payments via privilege; PCF should not bear discretionary interest. | Judicial interest awarded to Olivers; PCF not required to pay DHH under record; interest valid on past medicals. |
Key Cases Cited
- Butler v. Flint Goodrich Hospital of Dillard University, 607 So.2d 517 (La. 1992) (upheld cap constitutional for all qualified providers)
- Sibley v. Board of Supervisors of Louisiana State University, 477 So.2d 1094 (La. 1985) (rational basis standard for discrimination in cap cases)
- Kelty v. Brumfield, 633 So.2d 1210 (La. 1994) (all past/present/future medical expenses within MMA scheme)
- Everett v. Goldman, 359 So.2d 1256 (La. 1978) (malpractice damages not a fundamental right; rational basis review)
- New Orleans Campaign for a Living Wage v. City of New Orleans, 825 So.2d 1098 (La. 2002) (constitutional review of legislative measures affecting remedies)