In Re: Medical Review Panel Proceedings for the Claim of Jack Edward Price, II (D)

Summary

The Louisiana Court of Appeal, Second Circuit, affirmed dismissal of the plaintiffs’ claims against the Patient’s Compensation Fund Oversight Board following a $100,000 settlement with a medical staffing company. The court held that because the physician who treated the decedent was not licensed to practice medicine in Louisiana, the physician was not a qualified health care provider under the Louisiana Medical Malpractice Act, and the staffing company’s qualification did not extend to claims arising from that physician’s care.

Holdings

1. A staffing company's qualification as a qualified health care provider does not extend to malpractice claims arising from an unlicensed physician's care. The physician must independently satisfy the Louisiana Medical Malpractice Act's licensing requirement, and the staffing company's qualification is concurrent with that of the agent or employee providing the health care.
2. Plaintiffs could not seek excess damages from the Patient's Compensation Fund because the settlement involved claims outside Louisiana Medical Malpractice Act coverage. The Fund was entitled to contest whether the alleged malpractice was committed by a qualified health care provider, even after Tusk settled for its statutory maximum.
3. The Patient's Compensation Fund may defend against claims based wholly or partly on the negligence or liability of a noncovered health care provider and may raise the provider's lack of qualification as facts develop during discovery or settlement, even if a covered provider has settled or paid its statutory maximum.

Questions Presented

1. Whether Tusk's $100,000 settlement with the plaintiffs constituted an admission of liability binding on the Patient's Compensation Fund and left only the amount of excess damages for determination.
2. Whether Tusk was a qualified health care provider under the Louisiana Medical Malpractice Act for claims arising from care provided by Dr. Sonna, despite Sonna's lack of a Louisiana medical license.
3. Whether plaintiffs had a cause of action or right of action to seek excess damages from the Patient's Compensation Fund based on the acts, omissions, or negligence associated with Sonna's care.

Disposition

affirmed