Ginn v. Woman's Hospital Foundation, Inc.

Summary

The Supreme Court of Louisiana held that La. R.S. 40:1299.44(C) applies only when the health care provider's insurer or a self-insured health care provider agrees to settle the liability and pays $100,000. Because Woman's Hospital itself, rather than its insurer, agreed to pay the settlement, the statutory settlement-approval procedure and related claim for excess damages from the Patient's Compensation Fund were inapplicable. The court reversed the lower courts' judgments and remanded the case.

Holdings

1. La. R.S. 40:1299.44(C) applies only when the health care provider's insurer or a self-insured health care provider agrees to settle the provider's liability and pays $100,000; it does not apply when the provider itself, while not self-insured, makes the payment.
2. Because La. R.S. 40:1299.44(C) was inapplicable, the district court erred in treating the Hospital's liability as admitted and established under subsection (C)(5) and in granting Ginn the right to seek excess damages from the Fund under that subsection.
3. The Patient's Compensation Fund may not be held liable for damages arising from Ginn's original strict-liability claims because those claims had previously been judicially determined not to be medical-malpractice claims.

Questions Presented

1. Whether La. R.S. 40:1299.44(C) applies when the health care provider, rather than its insurer or a self-insured health care provider, agrees to settle and pays the claimant $100,000 while the claimant seeks excess damages from the Patient's Compensation Fund.
2. Whether the district court could treat the Hospital's liability as admitted and established and authorize Ginn to seek excess damages from the Fund under La. R.S. 40:1299.44(C) based on the Hospital's payment.
3. Whether the Fund could be held liable for damages arising from Ginn's original strict-liability claims, which had previously been judicially determined not to be medical-malpractice claims.

Disposition

reversed_and_remanded