Robert Thomas McGregor, Son of Donald H. McGregor and Ruth S. McGregor, Individually and On Behalf of Her Deceased Husband, Donald H. McGregor VS Hospice Care of Louisiana in Baton Rouge, L.L.C., d/b/a Hospice of Baton Rouge, Hospice Care of Louisiana, Inc., The Hospice Foundation of Greater Baton Rouge, d/b/a Hospice of Baton Rouge, Katherine Grisby, Cynthia Logan, Melanie Hyatt and Kathryn Braud (2009CA1357 Rehearing Decision Consolidated With 2009CA1358)
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COURT OF APPEAL FIRST CIRCUIT STATE OF LOUISIANA RE Docket Number 2009 1357 CA Robert Thomas McGregor Son of Donald H McGregor and Ruth S McGregor Individually and On Behalf of Her Deceased Husband Donald H McGregor versus 19th Judicial District Court Hospice Care of Louisiana in Baton Rouge L db C 1 a Hospice of Baton Rouge Hospice Care of Louisiana Inc The Hospice Foundation of Greater Baton Rouge dba Hospice of Baton Rouge Katherine Grlsby Cynthia Case 512840 East Baton Rouge Parish Logan Melanie Hyatt and Kathryn Braud Consolidated with the folkwving 2009 CA 1358 Robert Thomas McGregor Son of Donald H McGregor and Ruth S McGregor Individually and On Behalf of Her Deceased Husband Donald H McGregor versus Dr Gerald P Miletello and Dr Georgia A Reine On Application for Rehearing filed 02 2010 24 Rehearing Granted without oral argument for the limited purpose of clarification of the Uliginalop See attached upinion F tm q 4 Guidry T Pettigrew Filed MAR 11 2010 Christine L Crow Clerk STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2009 CA 1357 ROBERT THOMAS MCGREGOR SON OF DONALD H MCGREGOR AND RUTH MCGREGOR INDIVIDUALLY AND ON BEHALF OF HER DECEASED HUSBAND DONALD H MCGREGOR VERSUS HOSPICE CARE OF LOUISIANA IN BATON ROUGE L DB A C HOSPICE OF BATON ROUGE HOSPICE CARE OF LOUISIANA INC THE HOSPICE FOUNDATION OF GREATER BATON ROUGE DB A HOSPICE OF BATON ROUGE KATHRYN GRIGSBY CYNTHIA LOGAN MELANIE HYATT AND KATHERINE BRAUD CONSOLIDATED WITH NUMBER 2009 CA 1358 ROBERT THOMAS MCGREGOR INDIVIDUALLY AND RUTH EGOR INDIVIDUALLY AND ON BEHALF OF THE SUCCESSION OF DONALD H MCGREGOR VERSUS DR GERALD MILETELLO AND DR GEORGIA A REINE Judgment Rendered MAR 11 2010 Opinion Granting Rehearing for Limited Purpose Appealed from the Nineteenth Judicial District Court In and for the Parish ofEast Baton Rouge State of Louisiana Suit Numbers 512 c 524 840 w 336 Honorable Bob H Hester Presiding Roy A Raspanti Metairie LA Counsel for PlaintiffsAppellants Robert T McGregor and Ruth McGregor individually and on behalf and of her deceased husband Donald H McGregor John Massicot New Orleans LA Myron A Walker Baton Rouge LA Counsel for Defendants Appellees Hospice Foundation of Greater Baton Rouge Inc d a Hospice of Baton b Rouge Melanie Hyatt Katherine E Braud and Kathryn Grigsby Deborah J Juneau Linda C Rodrigue Counsel for DefendantsAppellees Dr Gerald Miletello Dr Georgia Vance A Gibbs Reine and LAMMICO Baton Rouge LA BEFORE CARTER C GUIDRY AND PETTIGREW JJ J GUIDRY J on rehearing We grant a rehearing for the limited purpose of clarifying our original opinion with regard to the motion for summary judgment as it relates to Kathryn Grigsby As stated in our original opinion Hospice Foundation of Greater Baton Rouge Inc da Hospice of Baton Rouge Hospice b Melanie Hyatt Katherine Braud and Kathryn Grigsby filed a motion for summary judgment seeking dismissal of plaintiffs claims against them based on a lack of expert testimony In addition Kathryn Grigsby asserted that she was entitled to summary judgment because she is not and never has been a health care provider Therefore according to Grigsby because she is not a health care provider and never engaged in any medical or health care relationship with Donald McGregor there is no basis for a medical malpractice suit against her Reading the plaintiffs petition as a whole the plaintiffs not only asserted claims in medical malpractice but they also asserted claims for damages generally under La C art 2315 Additionally although Grigsby states in her affidavit that she did not play any part in the discharge of Donald McGregor she was the Administrator of Hospice during the time at issue in the instant case and stated in her deposition testimony that almost all decisions we make including discharging a patient are done using an interdisciplinary team approach unless the physician discharges the patient Several Hospice employees indicated in their depositions that it was Dr Georgia Reine the on call physician for Donald McGregor who discharged Donald from Hospice However Dr Reine stated in her deposition that is was Hospice who made the decision to discharge Donald and that she merely concurred in that decision Therefore from our reading of the record we find that plaintiffs have asserted claims against Grigsby not only in medical malpractice but also for negligence under La C art 2315 Additionally we find a genuine issue of material fact exists as to whether Grigsby had a role in discharging Donald McGregor from Hospice care Accordingly having concluded that Grigsby is s not entitled to summary judgment we adhere to the result reached in our original opinion REHEARING GRANTED WITHOUT ORAL ARGUMENT FOR THE LIMITED OPINION PURPOSE OF CLARIFICATION OF THE ORIGINAL
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