Royer v. Our Lady of the Lake Hosp., Inc. — Dec. 2015 (Summary)

FRAUD

Royer v. Our Lady of the Lake Hosp., Inc.
No. 2015 CA 0009 (La. Ct. App. Dec. 11, 2015)

The Court of Appeal of Louisiana affirmed a lower court’s ruling granting summary judgment for a hospital and two physicians on claims of fraud brought by an injured patient. The patient had initially sought treatment for symptoms of an apparent heart attack from his primary care physician who advised the patient to go to the hospital emergency department (“ED”). At approximately 1:30 p.m., the patient presented to the hospital ED. Several tests were ordered and three hours later the patient was admitted to the CCU.

The patient’s claim for fraud was based on the hospital’s advertisements, which, the patient alleged, misrepresented the nature of the hospital’s services. Specifically, the patient claimed as fraudulent the advertisements in which it was asserted that (1) the hospital and the physicians worked together as “integral parts of the team that provided services”; (2) the staff was “completely committed to medical excellence”; and (3) the hospital had earned “the highest level of recognition for performance excellence.” The patient argued that the ads influenced his decision to seek treatment at the hospital.

While the malpractice claims were dismissed as premature (because they had not first been submitted for review by a medical review panel), the claims for fraud continued. Ultimately, the court dismissed the claims for fraud brought against the physicians since they were not responsible for the hospital’s advertisements.

The court also dismissed the claims for fraud brought against the hospital because there was no evidence that the ads influenced the patient’s decision to seek treatment at the hospital. Rather, the patient sought treatment at the closest hospital as recommended by his primary care physician. The court also found that the representations in the ads were not demonstrably false. The court found that if the care the patient received fell below the applicable standard of care, this could be alleged in the malpractice action.