Howard Hall and Marvell Smith VS Health Care Center, Inc. d/b/a Baton Rouge Health Care Center
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT I HOWARD HALL AND MARVELL 2013 N0 PG SMITH 0913 CW 1 of 2 VERSUS HEALTH CARE CENTER A B D BATON CARE ROUGE INC HEALTH CENTER consolidated with HOWARD HALL AND MARVELL SMITH vERSOS OCT RESTHAVEN LIVING CENTER In Re and Marvell writs supervisory PARRO WRIT Smith Sudicial 19th Parish of East Baton Rouge BEFORE No PART IN WITH ORDER for applying District Court 326 w 105 569 c 606 GUIDRY PETTIGREW McDONALD AND WELCH GRANTED 2013 LLC Hall Howard 31 DENIED IN PART JJ We find that the trial court erred in granting the peremptory exception the that claim Resthaven prescription to failed the labwork the labwork plaintiffs panel for review review Care Center 1347 2008 LLC accordance in and claim at plaintiffs plaintiffs Center with Living labwork perform labwork claim with prejudice regarding Resthaven defendant orders s physician of objection the raising the dismissinq costs We find that I claim was presented to the medical See Mi v Crescent City Health 11er La App 4th Cir 09 28 5 24 3d So 891 894 Williams v Notami Hospitals of Louisiana Inc 2004 2289 La App lst Cir 11 927 So 368 and La R OS 4 2d S G 47 1299 40 Warren v This Louisiana case Medical is factually Mutual Ins distinguishable from 0492 2007 La Co 09 13 2 21 So 18 2 on rehearing and we decline to 3d 6 03 extend the rule in LeBreton v Rabito 97 La 7 714 2221 98 8 2d So 1226 to the particular facts presented in this matter Therefore the writ is granted that portion of the March 21 judgment is reversed and judgment is entered in favor of of s peremptory Resthaven exception overruling plaintiffs that claim We further reverse the prescription regarding 2013 portion oP the March 21 2013 judgment that strikes plaintiffs claim that Resthaven failed to perform labwork in accordance with the physician order and bars plaintiffs from introducing s evidence regarding that claim or asserting the claim at trial i STATE OF LOUISIANA COURT OF APPEAL FfRST CIRCUIT 2013 N0 CW PG We where further find it nursing judgment trial home prohibited from MD home remanded plaintifts that Therefore that Gary prohibits the reversed with is Sander to of an order 2 of a 21 2013 testifying care that of care March from D M ordered issue the 0913 its discretion Gary Sander standard of of standard further instructions expert to the portion applicable It court abused medical testifying at trial as regarding is that the trial 2 of a the at nursing matter permitting be Gary Sander M to testify at trial as to the standard of care of a D nursing home and limiting such testimony to the specific areas of nursing care discussed in Dr Sander June 29 2012 report s To the extent the application seeks other relief it is denied JMG JTP i JNII Parro and Welch We concur abused its at we trial as would JJ concur with the majority finding s discretion in prohibiting Dr to the standard decline jurisdiction in all COURT OF APPEAL to FOR CLERK THE care other respects FIRST OF of exercise CIRCUIT t C PUTY in part COURT COURT of a this and dissent in part that the trial court Sander from testifying nursing home s Court However supervisory
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