Summary
The Louisiana Court of Appeal, Third Circuit affirmed a judgment sustaining an exception of prematurity in a wrongful-death action against a nursing home and its management company. The court held that the plaintiffs’ allegations concerning supervision, staffing, dietary restrictions, and resident safety constituted medical malpractice claims under the Louisiana Medical Malpractice Act and therefore required review by a medical review panel before suit. The court applied the Coleman factors and relied on the Louisiana Supreme Court’s decision in Broden.
Topics
Practice areas
Questions Presented
- Whether plaintiffs’ allegations against qualified nursing-home and management-company defendants constituted medical-malpractice claims under the Louisiana Medical Malpractice Act rather than general-negligence claims.
- Whether the trial court properly granted the exception of prematurity and dismissed the action without prejudice because plaintiffs had not first submitted their claims to a medical review panel.
Holdings
- The allegations that defendants inadequately supervised and trained staff, failed to provide care appropriate to Johnson’s pureed diet and diminished mental capacity, and failed to protect him during his nursing-home confinement constituted medical-malpractice claims under the Louisiana Medical Malpractice Act.
- A medical-malpractice claim against a qualified health-care provider is premature and subject to dismissal when it has not first been reviewed by a medical review panel.
Key quotations
“Accordingly, considering the Broden case as well as our analysis using the factors set forth in Coleman, we find Plaintiffs’ allegations fall under the purview of the LMMA, which requires submission to a medical review panel.” (at 9)
“We therefore find that the trial court properly granted the Defendants’ exception of prematurity.” (at 9)
Factual background
Ronald Joseph Johnson lived at Heritage Manor because he was mentally and physically disabled and required a pureed diet. While sitting in a wheelchair in the facility cafeteria, he took a peanut-butter-and-jelly sandwich from a snack cart, ate two bites, and allegedly choked to death. Plaintiffs alleged that defendants failed to keep the cafeteria safe, supervise Johnson, remove the snack cart, and protect him despite knowledge of his medical and cognitive conditions.
Procedural history
Plaintiffs filed suit alleging that defendants failed to keep the nursing-home cafeteria safe, supervise Ronald Johnson, remove a snack cart, and protect him despite knowledge of his medical and cognitive conditions. Defendants filed an exception of prematurity, asserting that the claims were medical-malpractice claims under the Louisiana Medical Malpractice Act and therefore required prior submission to a medical review panel. The trial court granted the exception and dismissed the suit without prejudice; the Third Circuit affirmed.