Insurance Dispute Lawyer Blog
In a recent Louisiana Court of Appeal decision, the court reinforced the importance of the Louisiana Medical Malpractice Act (LMMA) in determining the course of lawsuits against healthcare providers. The case involved a patient who allegedly suffered injuries due to a medical device used after surgery.
Gregory Arrington, following surgery at St. Tammany Parish Hospital, was provided with an Alternating Leg Pressure (ALP) wrap to prevent blood clots. He claimed the device malfunctioned, causing him harm. The Arringtons sued the hospital, alleging negligence in the selection, purchase, and implementation of the ALP wrap.
The hospital countered with a dilatory exception of prematurity, arguing that the claims fell under medical malpractice and required a medical review panel’s evaluation before proceeding to court. The trial court agreed and dismissed the Arringtons’ claims against the hospital without prejudice. The Arringtons appealed this decision.
The Court’s Ruling and the Coleman Factors:
The Court of Appeal affirmed the trial court’s ruling, focusing on the LMMA’s definition of “malpractice” and the six “Coleman factors” used to determine if a claim falls under medical malpractice.
The court held that the hospital’s actions regarding the ALP device constituted “healthcare” under the LMMA. They reasoned that the selection and use of medical devices are intertwined with patient treatment and require medical expertise.
The court also considered the Coleman factors, particularly:
- Treatment-Related: The use of the ALP wrap was directly related to Mr. Arrington’s post-surgery treatment and involved professional medical judgment.
- Expert Medical Evidence: Determining if the hospital was negligent in choosing and using the device would necessitate expert medical testimony.
- Assessment of Patient’s Condition: The decision to use the ALP wrap involved assessing Mr. Arrington’s risk for DVT, a medical condition.
- Physician-Patient Relationship: The incident occurred within the context of a physician-patient relationship and the scope of activities a hospital is licensed to perform.
- Injury Related to Treatment: The injury allegedly wouldn’t have happened if Mr. Arrington hadn’t sought treatment at the hospital.
Things to Know:
- Importance of the Medical Review Panel: The LMMA mandates that medical malpractice claims be reviewed by a medical review panel before litigation. This process aims to filter out meritless claims and encourage early resolution.
- Broad Scope of the LMMA: The LMMA’s definition of “malpractice” is expansive, encompassing not just the direct treatment of patients but also decisions about medical devices and equipment used in their care.
- Coleman Factors as a Guide: The six Coleman factors provide a framework for courts to determine whether a claim falls under medical malpractice, even in cases where the line between administrative and medical decisions may seem blurred.
This case emphasizes the importance of understanding the LMMA and its procedural requirements when pursuing claims against healthcare providers in Louisiana. It reinforces the necessity of a medical review panel’s assessment in cases involving allegations of negligence related to medical devices and equipment. If you have suffered an injury due to a medical device, it is crucial to seek legal counsel to navigate the complexities of the LMMA and protect your rights.
Written by Berniard Law Firm
Other Berniard Law Firm Blog Articles on Medical Malpractice: What Type of Expert Testimony Is Needed in a Louisiana Medical Malpractice Lawsuit? and Louisiana Court Reverses Summary Judgment in Medical Malpractice Case: The Importance of Expert Testimony