120 So. 3d 752
La. Ct. App.2013Background
- Plaintiffs allege medical malpractice by Lakewood Quarters and Landmark for failing to diagnose a broken arm and manage pressure sores in Mrs. Hampton.
- Mrs. Hampton, age 78, was chronically debilitated with prior strokes and right hemiparesis; she was non-ambulatory and nonverbal.
- The fracture occurred while in the nursing home; the cause of fracture timing was unclear.
- A medical review panel found no breach of the standard of care and favored defendants.
- Plaintiffs sued on August 1, 2008; Lakewood Quarters moved for summary judgment arguing lack of expert proof.
- Trial court granted summary judgment in favor of Lakewood Quarters; plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is expert testimony required to prove standard of care in this medical malpractice case? | Vanner argues lay perception suffices; no expert needed. | Pfiffner/Lieux require expert testimony unless obvious negligence. | No; expert testimony required; no obvious-negligence exception found. |
| Did Dr. Rodriguez’s deposition satisfy the RS 40:1299 expert-testimony requirement? | Rodriguez’s deposition proves negligence per RS 40:1299. | Rodriguez did not opine on Lakewood’s negligence; testimony insufficient. | Insufficient; Rodriguez did not establish standard of care or breach by Lakewood. |
Key Cases Cited
- Pfiffner v. Correa, 643 So.2d 1228 (La. 1994) (expert testimony generally required in medical malpractice; exceptions for obvious negligence)
- Lieux v. Mitchell, 951 So.2d 307 (La.App. 1 Cir. 2006) (applies when specialty-specific care; expert proof required)
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (summary-judgment standard; weighs not evidence; relies on burden-shifting)
- Janney v. Pearce, 40 So.3d 285 (La.App. 1 Cir. 2010) (summary-judgment burden on movant; adverse party must produce evidence)
- Pfiffner v. Correa, 643 So.2d 1228 (La. 1994) (see Pfiffner for expert-testimony framework)