Plaisance v. Our Lady of Lourdes Reg’l Med. Ctr. (Summary)

CORPORATE NEGLIGENCE – MALPRACTICE

Plaisance v. Our Lady of Lourdes Reg’l Med. Ctr., 09-1502 (La. Ct. App. Oct. 6, 2010)

The Louisiana Court of Appeal for the Third Circuit affirmed a trial court’s holding that the plaintiff’s allegations regarding negligent credentialing by the hospital were covered under the Louisiana Medical Malpractice Act ("LMMA") and, therefore, had to be reviewed by a medical review panel prior to any court consideration or action.

In this case, the plaintiff alleged that the hospital negligently credentialed and then retained a surgeon who performed several procedures on the plaintiff. The plaintiff also asserted that the trial court had erred in finding that "negligent credentialing" constituted "malpractice" under the LMMA.

The court of appeal first noted that the defendant hospital bore the burden of establishing that the LMMA was applicable in this case, and that the hospital was entitled to a medical review panel prior to court involvement. Then, after analyzing and weighing six different factors, the court of appeal concluded that the patient’s claim for negligent credentialing indeed constituted a malpractice claim under the LMMA and dismissed it as being filed with the trial court prematurely.