Shawanda Evans Jackson, Duly Appointed Testamentary of the Estate of Willie E. Jackson, Jr. v. Willis-Knighton Health System d/b/a Willis-Knighton Medical Center
337 So.3d 625
La. Ct. App.2022Background:
- Willie E. Jackson fell from a gurney while being transported from the ER to a hospital room after CT/MRI evaluation; he alleged injuries and humiliation.
- Jackson filed a petition for medical malpractice (Jan. 30, 2020) and had requested an MRP nine days earlier, but the panel had not yet acted before suit was filed.
- Jackson died before the preliminary exception hearing; his widow, Shawanda Jackson, was substituted and twice amended the petition, ultimately pleading premises liability/general negligence to avoid the LMMA process.
- Hospital filed a dilatory exception of prematurity arguing the claim must first be presented to a medical review panel under the Louisiana Medical Malpractice Act (LMMA).
- The district court held the claim sounded in medical malpractice, sustained the exception, and dismissed the petition without prejudice; the court of appeal affirmed.
- The court applied the Coleman six-factor test and concluded the transport/handling of the patient was treatment-related, required expert proof of protocols/assessments, and therefore fell within the LMMA.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim sounds in medical malpractice and requires an MRP (exception of prematurity) | Jackson contends the claim is premises liability/ordinary negligence (defective elevator/gurney), not malpractice | Willis-Knighton contends handling/transporting a patient is an LMMA-covered unintentional tort requiring MRP review | Held: Claim falls within LMMA (treatment-related); exception of prematurity sustained and dismissal without prejudice affirmed |
| Whether filing an MRP complaint nine days before suit avoids prematurity | Plaintiff says she requested an MRP before filing suit | Defendant says panel review must occur before suit (mere filing is insufficient) | Held: Mere filing does not suffice; the MRP must review the claim before suit; assignment without merit |
| Whether repleading as premises liability avoids LMMA | Plaintiff recharacterized claim as general negligence/premises liability to escape MRP | Defendant argues substance controls and the allegations involve medical handling/transport | Held: Substance controls; repleading did not change that the claim is LMMA-governed |
| Whether defendant defaulted by not answering amended petition | Plaintiff alleges defendant defaulted | Defendant notes no answer issue was raised below | Held: Issue not preserved/raised in trial court; assignment without merit |
Key Cases Cited
- Coleman v. Deno, 813 So. 2d 303 (La. 2002) (announcing six-factor test to determine whether a tort is covered by the LMMA)
- Blevins v. Hamilton Med. Ctr., Inc., 959 So. 2d 440 (La. 2007) (defective bed claims may be ordinary negligence when not related to treatment)
- Dupuy v. NMC Operating Co., 187 So. 3d 436 (La. 2016) (failure to maintain sterilization equipment falls within LMMA where equipment maintenance is central to treatment)
- Matherne v. Jefferson Parish Hosp. Dist. No. 1, 90 So. 3d 534 (La. App. 5 Cir. 2011) (patient fell while being transported; claim sounded in medical malpractice)
- Richard v. Louisiana Extended Care Ctrs., Inc., 835 So. 2d 460 (La. 2003) (negligent handling/loading of a patient falls under LMMA)
- Cashio v. Baton Rouge Gen’l Hosp., 378 So. 2d 182 (La. App. 1 Cir. 1979) (plaintiff cannot avoid LMMA by labeling claim as premises liability when it fits the Act)