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Dupuy v. NMC Operating Co., L.L.C., 187 So.3d 436, 2015-1754 (La. 3/15/16)

Facts

Plaintiffs Richard and Melissa Dupuy filed suit against NMC Operating Co., L.L.C., d/b/a The Spine Hospital of Louisiana, alleging that Mr. Dupuy developed a post-operative infection, osteomyelitis, following spine surgery due to the hospital's failure to properly sterilize and/or clean surgical instruments. The hospital filed an exception of prematurity, arguing that the claims had not been presented to a medical review panel as required by the Louisiana Medical Malpractice Act. The district court granted the exception in part and denied it in part, leading to the hospital's appeal.

Plaintiffs Richard and Melissa Dupuy filed suit against NMC Operating Co., L.L.C., d/b/a The Spine Hospital of Louisiana, alleging that Mr. Dupuy developed a post-operative infection, osteomyelitis, following spine surgery due to the hospital's failure to properly sterilize and/or clean surgical instruments.

Issue

Whether the plaintiffs' claims that the hospital failed to properly maintain and service equipment utilized in the sterilization of surgical instruments fall within the Louisiana Medical Malpractice Act (MMA).

Whether the plaintiffs' claims that the hospital failed to properly maintain and service equipment utilized in the sterilization of surgical instruments fall within the Louisiana Medical Malpractice Act (MMA).

Rule

Under the MMA, a medical malpractice claim against a qualified health care provider is subject to dismissal on a timely exception of prematurity if such claim has not first been reviewed by a pre-suit medical review panel.

Under the MMA, a medical malpractice claim against a qualified health care provider is subject to dismissal on a timely exception of prematurity if such claim has not first been reviewed by a pre-suit medical review panel.

Analysis

The court analyzed the allegations under the Coleman factors to determine whether they constituted medical malpractice. It found that the claims related to the hospital's failure to maintain sterilization equipment were treatment-related and required expert medical evidence to establish the standard of care. The court concluded that the hospital's alleged failure to maintain sterilization equipment was directly linked to the treatment Mr. Dupuy received, thus falling under the MMA.

The court analyzed the allegations under the Coleman factors to determine whether they constituted medical malpractice. It found that the claims related to the hospital's failure to maintain sterilization equipment were treatment-related and required expert medical evidence to establish the standard of care.

Conclusion

The Supreme Court reversed the district court's ruling, holding that the plaintiffs' claims fall within the Louisiana Medical Malpractice Act and must be presented to a medical review panel before proceeding in court.

The Supreme Court reversed the district court's ruling, holding that the plaintiffs' claims fall within the Louisiana Medical Malpractice Act and must be presented to a medical review panel before proceeding in court.

Who won?

The hospital prevailed in the case because the Supreme Court found that the plaintiffs' claims were subject to the Louisiana Medical Malpractice Act, requiring them to first present their claims to a medical review panel.

The hospital prevailed in the case because the Supreme Court found that the plaintiffs' claims were subject to the Louisiana Medical Malpractice Act, requiring them to first present their claims to a medical review panel.

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