Feb 9, 2018

La. Court Rejects Constitutional Challenge In Med Mal Row

A Louisiana appeals court on Wednesday rejected a constitutional challenge to a state statute limiting damages for “political subdivisions” in a suit accusing a hospital of being responsible for a woman’s brain damage, saying the woman’s parents failed to adequately explain how their rights were violated.

A three-judge panel for the Court of Appeal’s Third Circuit affirmed partial summary judgment granted to a Louisiana hospital and its insurer in a suit brought by the plaintiff accusing the hospital of misdiagnosing their daughter's stroke as a seizure, which caused severe and permanent brain damage. The panel said a claim of negligent credentialing was properly tossed by the trial judge under the Louisiana Governmental Claims Act, which grants certain immunity for “political subdivisions.”

The defense is lead by Joseph L. McReynolds, John Jerry Glas and Karen P. Holland.