Justia Daily Opinion Summaries

Medical Malpractice
October 27, 2023

Table of Contents

Sebble v. St. Luke's #2, LLC d/b/a St. Luke's Living Center, et al.

Civil Procedure, Medical Malpractice, Professional Malpractice & Ethics

Louisiana Supreme Court

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Medical Malpractice Opinions

Sebble v. St. Luke's #2, LLC d/b/a St. Luke's Living Center, et al.

Court: Louisiana Supreme Court

Docket: 2023-C-00483

Opinion Date: October 20, 2023

Judge: Genovese

Areas of Law: Civil Procedure, Medical Malpractice, Professional Malpractice & Ethics

The Louisiana Supreme Court granted certiorari in this medical malpractice matter in order to consider whether the gross negligence standard of La.R.S. 29:771(B)(2)(c) was to be considered by a medical review panel when the medical treatment occurred during a declared state of public health emergency pursuant to La.R.S. 29:766(A). To this, the Court found the trial court did not err in declaring that La.R.S. 29:771(B)(2)(c) should not be considered or applied in medical review panel proceedings and, therefore, did not err in granting Plaintiff’s motion for summary judgment. Likewise, the court of appeal did not err in its affirmation. Thus, the Supreme Court affirmed.

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