Justia Health Law Opinion Summaries

The issue this case presented for the Louisiana Supreme Court's review was a res nova issue of whether a claim for negligent credentialing fell within the purview of the Louisiana Medical Malpractice Act (LMMA) and was, therefore, subject to its statutory cap on damages. After completion of the medical review process, plaintiffs Brandi, Veronica, and Joseph Billeaudeau proceeded in their suit against Opelousas General Hospital Authority (OGH), among other defendants, for injuries Brandi sustained allegedly arising from the medical malpractice of Dr. Kondilo Skirlis-Zavala, an independent contractor working in the OGH’s emergency department (ED). Along with their medical malpractice claims, plaintiffs specifically alleged OGH was negligent in credentialing Dr. Zavala and subsequently moved for partial summary judgment, seeking a determination that their negligent credentialing claim was not subject to the LMMA’s cap on damages. The District Court granted the motion and ultimately certified the judgment as final. The Court of Appeal affirmed on appeal. The Supreme Court found plaintiffs’ negligent credentialing claim did not fall within the provisions of the LMMA. Accordingly, the Court affirmed the Court of Appeal. View "Billeaudeau v. Opelousas General Hospital Authority" on Justia Law

Both of the injured employees in these cases, Charles Morris and Charles Poole, were treated at the Lafayette Bone & Joint Clinic (“LB&J”); Morris was treated by Dr. Louis Blanda and Poole by Dr. John Cobb. Louisiana United Business SIF (“LUBA”), sent letters to LB&J and its doctors stating that LUBA would no longer pay for prescription medications directly dispensed by LB&J and directing LB&J doctors to issue future prescriptions for the instant injured employees that could be filled at local retail pharmacies. Despite these notices and subsequent denials of requests for reimbursement of dispensed prescription medications, LB&J doctors continued to dispense prescription medications to these injured employee patients throughout 2008 and to submit requests for reimbursement to LUBA. LUBA declined payment for these requests, citing its prior notice. LB&J and the treating physicians thereafter filed disputed claim forms with the Office of Workers’ Compensation (OWC), seeking to recover the cost of the medications dispensed, along with penalties and attorney fees. Following a joint trial in these two cases, the OWC judge ruled that the plaintiff/health care providers’ recovery for medications dispensed after the 2008 notice were nonemergency treatment dispensed without consent of the payor. Further, the OWC judge found that no penalties or attorney fees were warranted because LUBA had clearly advised the plaintiff/health care providers that no further reimbursement would be made for prescription medications dispensed by LB&J doctors after the date of the notice. The plaintiff/health care providers appealed, seeking an increase in the amount awarded and an award of penalties and attorney fees. The Louisiana Supreme Court granted writs to review the appellate court decisions, which awarded unreimbursed prescription medication costs beyond the $750 limitation set forth in LSA-R.S. 23:1142(B) and awarded penalties and attorney fees. The Court reversed the appellate court's modification of the amount awarded by the OWC, and affirmed in part, the decision to award penalties and attorney fees. View "LaFayette Bone & Joint Clinic v. Louisiana United Business SIF" on Justia Law

The Supreme Court granted certiorari in this matter to determine whether a retiree of the City of Slidell, plaintiff Dean Born, could continue participating in the City of Slidell's health insurance plan following the City's adoption of Ordinance No. 3493, which required each city retiree to apply for Medicare coverage upon reaching the age of sixty-five. After review, the Supreme Court affirmed the Court of Appeal's finding that the City could not terminate plaintiff's desired plan coverage and require him to accept Medicare coverage, because plaintiff retired before the effective date of the Ordinance. View "Born v. City of Slidell" on Justia Law

Dr. Tommie Granger was a certified cardiac surgeon who had hospital privileges at defendant Christus St. Frances Cabrini Hospital. One of his patients was hospitalized at Cabrini and developed complications. While the doctor was called to the hospital to check on the patient, he and Cabrini staff got into a heated exchange of words within earshot of the patient. The doctor performed an in-room procedure and left. En route, the patient developed further complications, but the doctor was unable to go back to Cabrini to help. He called a colleague to perform the necessary surgery on the patient Cabrini's Board of Directors suspended Granger pending a review of the doctor's conduct regarding that patient. Finding that unprofessional behavior was a contributing factor that adversely affected the patient's care, the Board recommended that the doctor be placed on probation and to self-refer for anger management. When he did not comply, the Board revoked his privileges. The doctor sued, and ultimately won nearly $3 million in damages with respect to Cabrini's peer review proceedings. Upon review, the Supreme Court found that an award of lost income that was included in those damages was given in error, and was vacated. View "Granger v. Christus Health Central Louisiana" on Justia Law

The Supreme Court granted consolidated writ applications to address the majority opinion of the court of appeal which held the medical malpractice cap enunciated in La.R.S. 40:1299.42(B) was unconstitutional "to the extent it includes nurse practitioners within its ambit.” The Court reiterated its holding in "Butler v. Flint Goodrich Hospital of Dillard University," (508 U.S. 909 (1993)), which found the cap constitutional. Finding the cap to be applicable to all qualified healthcare providers under the Medical Malpractice Act, including nurse practitioners, the Louisiana Supreme Court reversed the judgment of the court of appeal in this respect. Additionally, the Court addressed two other assignments of error asserted by the Louisiana Patients' Compensation Fund and affirmed those portions of the court of appeal judgment. The effect of the Court's holding was to reinstate the trial court judgment in full. View "Oliver v. Magnolia Clinic" on Justia Law