Cited by
Opinions in Louisiana that cite Coleman v. Deno, 813 So. 2d 303.
-
Sandra Guillory v. Royal, Inc. D/B/A Valley View Health Care
La. Ct. App. 3d Cir. 2007
The Louisiana Supreme Court in Coleman v. Deno, 01-1517 (La.1/25/02), articulated several considerations for determining whether a claim is governed by the medical malpractice statute.
-
Duplessis v. Tulane University
972 So. 2d 387
La. Ct. App. 4th Cir. 2007
In Coleman v. Deno, 01-1517, pp. 17-18, (La.1/25/02), -16 , the Louisiana Supreme Court set forth a six-part test to determine whether a claim sounds in medical malpractice and must proceed in accordance with the LMMA or whether the claim sounds in general negligence and should proceed under general tort law.
-
Schiro v. ACADIAN AMBULANCE SERVICE, INC.
970 So. 2d 677
La. Ct. App. 4th Cir. 2007
Williamson v. Hospital Service District No. 1 of Jefferson, *681 supra ; Coleman v. Deno, 01-1517 (La.1/25/02), .
-
Berthelot v. Patients' Compensation Fund Oversight Board
977 So. 2d 967
La. Ct. App. 1st Cir. 2007
Thereafter, the supreme court reversed and reinstated the trial court’s denial of Pendleton’s exception, holding that the Katrina-related death claim in that particular case did not sound in medical malpractice (applying the six factors set forth in Coleman v. Deno, 01-1517 (La.1/25/02), -316 ).
-
Lafonta v. Hotard Coaches, Inc.
969 So. 2d 686
La. Ct. App. 4th Cir. 2007
Coleman v. Deno, 01-1517, pp. 15-16 (La.1/25/02), (finding claim for alleged wrongful transfer from one emergency room to another of a patient whose left arm was later amputated sounded in medical malpractice); Williamson, 04-0451 at p. 5, 888 So.2d at 786.
-
LaCoste v. Pendleton Methodist Hosp.
966 So. 2d 519
La. 2007
Coleman v. Deno, 01-1517, pp. 15-16 (La.1/25/02), (finding claim for alleged wrongful transfer from one emergency room to another of a patient whose left arm was later amputated sounded in medical malpractice); Williamson , 04-0451 at p. 5, 888 So.2d at 786 .
-
Curtis Randall v. Concordia Nursing Home D/B/A Camelot Leisure Living
La. Ct. App. 3d Cir. 2007
..” In Coleman v. Deno, 00-1517 (La.1/25/02), our Louisiana Supreme Court used six factors to determine whether a claim is covered under the Medical Malpractice Act.
-
Randall v. Concordia Nursing Home
965 So. 2d 559
La. Ct. App. 3d Cir. 2007
In Coleman v. Deno, 01-1517 (La.1/25/02), , our Louisiana Supreme Court used six factors to determine whether a claim is covered under the Medical Malpractice Act.
-
Munson v. LAKEWOOD QUARTERS LT. PARTNERSHIP
965 So. 2d 448
La. Ct. App. 1st Cir. 2007
The Richard court cited with approval the following six-part test of Coleman v. Deno, XXXX-XXXX (La.1/25/02), -316 , for determining whether a negligent act by a health care provider is covered under the MMA: (1) Whether the particular wrong is "treatment related" or caused by dereliction of professional skill; (2) whether the wrong requires expert medical evidence to determine whether the appropriate standard of care was
-
Blevins v. Hamilton Medical Center, Inc.
959 So. 2d 440
La. 2007
Coleman v. Deno, 01-1517, pp. 15-16 (La.1/25/02), (finding claim for alleged wrongful transfer from one emergency room to another of patient whose left arm was amputated following transfer sounded in malpractice); Williamson , 04-0451 at p. 5, 888 So.2d at 786 .
-
LaCoste v. PENDLETON METHODIST HOS., LLC
947 So. 2d 150
La. Ct. App. 4th Cir. 2006
In Coleman v. Deno, 01-1517, 01-1519, 01-1521, p. 17-18 (La.1/25/02), -16 , the Louisiana Supreme Court set forth a six-part test to determine whether a claim sounds in medical malpractice and must first be presented to a medical review panel: (1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill, (2) whether the wrong requires expe
-
Lydia Eldridge v. Heritage Manor, L. L. C.
La. Ct. App. 3d Cir. 2006
1/25/02), -316 (footnote ommitted).
-
Eldridge v. Heritage Manor, LLC
942 So. 2d 743
La. Ct. App. 3d Cir. 2006
Coleman v. Deno, 01-1517, pp. 17-18 (La.1/25/02), -316 (footnote omitted).
-
Salvant v. State
935 So. 2d 646
La. 2006
Coleman v. Deno, 01-1517 (La.1/25/02) .
-
Crum v. State
931 So. 2d 400
La. Ct. App. 2d Cir. 2006
In Coleman v. Deno, 01-1517, 01-1521 (La.1/25/02), , the supreme court, applying the MMA, considered the following factors in determining whether a particular act constituted malpractice or an ordinary tort action: (1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill, (2) whether the wrong requires expert medical evi
-
Davis v. ST. FRANCISVILLE COUNTRY MANOR
928 So. 2d 549
La. Ct. App. 1st Cir. 2006
In Coleman v. Deno, XXXX-XXXX, XXXX-XXXX, XXXX-XXXX, pp. 17-18 (La.1/25/02), -316 , the Supreme Court set forth six factors to be considered in determining whether alleged negligent conduct by a qualified health care provider constitutes malpractice.
-
Fagan v. LeBlanc
928 So. 2d 576
La. Ct. App. 1st Cir. 2006
Pfiffner , 94-0924 at 9, 643 So.2d at 1234 ; see also Coleman v. Deno, XXXX-XXXX, p. 20 (La.1/25/02), .
-
Fagan v. LeBlanc
928 So. 2d 571
La. Ct. App. 1st Cir. 2006
Pfiffner , 94-0924 at 9, 643 So.2d at 1234 ; see also Coleman v. Deno, XXXX-XXXX, p. 20 (La.1/25/02), .
-
Wilson v. Invacare Corp.
920 So. 2d 393
La. Ct. App. 2d Cir. 2006
To determine whether a claim against a qualified health care provider is subject to dismissal for want of adhering to the procedural dictates of the MMA, the trial court should examine the claim in light of the factors set forth in Coleman v. Deno, XXXX-XXXX (La.01/25/02), .
-
Buelle v. Periou
927 So. 2d 1126
La. Ct. App. 1st Cir. 2005
Because we have concluded that Ms. Buelle was not a "patient" of Dr. Periou, it is unnecessary to apply the six factors set forth in Coleman v. Deno, XXXX-XXXX, XXXX-XXXX, XXXX-XXXX, pp. 17-18 (La.1/25/02), -16 , for determining whether allegations of injury constitute "malpractice" under the MMA.
-
LT v. Chandler
917 So. 2d 753
La. Ct. App. 2d Cir. 2005
40:1299.41A(7) and (9); Coleman v. Deno, XXXX-XXXX (La.1/25/02), .
-
Jackson v. DeSOTO RETIREMENT AND REHAB.
917 So. 2d 727
La. Ct. App. 2d Cir. 2005
In Coleman v. Deno, 01-1517 (La.1/25/02), -316 , the supreme court set forth a six-part test to determine whether a negligent act by a health care provider is covered under the MMA: (1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill; (2) whether the wrong requires expert medical evidence to determine w
-
Meseke v. St. Francis Medical Center
914 So. 2d 136
La. Ct. App. 2d Cir. 2005
In order to help determine whether the circumstances of a particular case, as alleged in a petition, fall under the LMMA, the Louisiana Supreme Court supplied several factors to consider in Coleman v. Deno, 01-1517 (La.01/25/02), , 316: (1) Whether the particular wrong is “treatment related” or caused by a dereliction of professional skill; |r(2) Whether the wrong requires expert medical evidence to determine whether the appropriate standard of care was breached; (3) Whether the pertinent act or
-
Quinney v. Summit of Alexandria
903 So. 2d 1226
La. Ct. App. 3d Cir. 2005
In Coleman v. Deno, 01-1517 (La.01/25/02), , the supreme court set forth six factors to be considered in determining whether plaintiffs' claims lie in malpractice or the NHRBR.
-
Richard Quinney v. the Summit of Alexandria
La. Ct. App. 3d Cir. 2005
In Coleman v. Deno, 01-1517 (La.01/25/02), the supreme court set forth six factors to be considered in determining whether plaintiffs’ claims lie in malpractice or the NHRBR.
-
Muse v. Lane Memorial Hosp. Foundation
916 So. 2d 231
La. Ct. App. 1st Cir. 2005
Describing Lane Memorial Hospital's conduct as non-medical, and relying on Coleman v. Deno, XXXX-XXXX, pp. 17-18 (La.1/25/02), , the Muses urge it is not malpractice as defined by the MMA.
-
Womack v. Autumn Leaves Nursing & Rehabilitation Center, LLC
902 So. 2d 1280
La. Ct. App. 2d Cir. 2005
Following the lead of Richard, supra, the Henry court examined the plaintiffs’ claims under the six factors set forth in Coleman v. Deno, 2001-1517 (La.01/25/02), , for determining whether the conduct of a qualified health care provider constitutes medical malpractice, and stated: First, we find that changing a diaper is not medical treatment.
-
Rogers v. HICKORY MANOR NURSING & REHABIL.
902 So. 2d 1150
La. Ct. App. 2d Cir. 2005
In Henry, supra, this court applied the factors set forth in Coleman v. Deno, XXXX-XXXX (La.1/25/02), , in determining whether a claim lies in medical malpractice or the NHRBR.
-
Womack v. AUTUMN LEAVES NURS. & REHAB. CEN.
902 So. 2d 1280
La. Ct. App. 2d Cir. 2005
Following the lead of Richard, supra, the Henry court examined the plaintiffs' claims under the six factors set forth in Coleman v. Deno, XXXX-XXXX (La.01/25/02), , for determining whether the conduct of a qualified health care provider constitutes medical malpractice, and stated: First, we find that changing a diaper is not medical treatment.
-
Furlow v. Woodlawn Manor, Inc.
900 So. 2d 336
La. Ct. App. 2d Cir. 2005
In Coleman v. Deno, XXXX-XXXX, XXXX-XXXX, XXXX-XXXX (La.1/25/02), , the Louisiana Supreme Court set out the six-factor test for determining whether alleged negligent conduct by a qualified health care provider constitutes "malpractice."
-
Burks v. Christus Health Monroe
899 So. 2d 775
La. Ct. App. 2d Cir. 2005
This court in Henry applied the factors set forth in Coleman v. Deno, XXXX-XXXX (La.1/25/02), , in determining whether a claim lies in malpractice or the NHRBR.
-
Nash v. Brown
898 So. 2d 619
La. Ct. App. 3d Cir. 2005
Coleman v. Deno, 01-1517 (La.1/25/02), .
- John David Nash v. David J. Brown, M.D. La. Ct. App. 3d Cir. 2005
-
Henry v. West Monroe Guest House, Inc.
895 So. 2d 680
La. Ct. App. 2d Cir. 2005
In Coleman v. Deno, 01-1517 (La.01/25/02), , the supreme court set forth six factors to be considered in determining whether plaintiffs' claims lie in malpractice or the NHRBR.
-
Delcambre v. Blood Systems, Inc.
893 So. 2d 23
La. 2005
Coleman v. Deno, 01-1517, p. 16 (La.1/25/02), ; Spradlin at pp. 6-7 , 758 So.2d at 120 .
-
Wild v. NS'NG, INC.
898 So. 2d 466
La. Ct. App. 1st Cir. 2004
Coleman v. Deno , 01-1517 (La.1/25/02), .
-
Williamson v. HOSPITAL SERVICE OF JEFFERSON
888 So. 2d 782
La. 2004
1/25/02), , and affirmed the ruling of the district court granting the defendant's exception of prematurity.
-
Taylor v. Christus Health Southwestern La.
886 So. 2d 696
La. Ct. App. 3d Cir. 2004
The Louisiana Supreme Court in Coleman v. Deno, 01-1517 (La.1/25/02), , articulated several considerations for determining whether a claim is governed by the medical malpractice statute.
-
John Henry Taylor, Et Ux. v. Christus Health Southwestern Louisiana
La. Ct. App. 3d Cir. 2004
2 1/25/02), articulated several considerations for determining whether a claim is governed by the medical malpractice statute.
-
Bickham v. Inphynet, Inc.
899 So. 2d 15
La. Ct. App. 1st Cir. 2004
See Coleman v. Deno, 01-1517, pp. 17-18 (La.1/25/02), -316 .
-
Romero v. Willis-Knighton Medical Center
870 So. 2d 474
La. Ct. App. 2d Cir. 2004
The supreme court set forth the following factors in Coleman v. Deno, XXXX-XXXX (La.1/25/02), : (1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill, (2) whether the wrong requires expert medical evidence to determine whether the appropriate standard of care was breached, and (3) whether the pertinent act or omission involved assessment of the patient's condi
-
Williams v. Memorial Medical Center
870 So. 2d 1044
La. Ct. App. 4th Cir. 2004
Pfiffner , 94-0924 at p. 9, 643 So.2d at 1234 ; see also Coleman v. Deno, XXXX-XXXX, p. 20 (La.1/25/02), .
-
Miller v. Nursing Homes Mgmt., Inc.
867 So. 2d 1000
La. Ct. App. 2d Cir. 2004
The court stated that in Coleman v. Deno, XXXX-XXXX (La.1/25/02), , it set forth a six-part test to determine whether a negligent act by a health care provider is covered under the MMA: (1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill; (2) whether the wrong requires expert medical evidence to determine whether the appropriate s
-
Williamson v. Hospital Service District No. 1 of Jefferson
866 So. 2d 962
La. Ct. App. 1st Cir. 2004
The Court expanded on these factors in Coleman v. Deno, 2001-1517 (La.1/25/02), .
-
Terry v. Red River Center Corp.
862 So. 2d 1061
La. Ct. App. 2d Cir. 2003
In analyzing whether the conduct at issue constitutes medical treatment for the purpose of being covered by the MMA, the Richard court cited with approval the six-part test of Coleman v. Deno, 01-1517 (La.1/25/02), , for determining whether a negligent act by a health care provider is covered under the MMA, to wit: 1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill; 2) whether the wrong requires expert medical evidence to determine whether the
-
Jordan v. STONEBRIDGE
862 So. 2d 181
La. Ct. App. 5th Cir. 2003
Jordan opposed the motion, relying on two Louisiana Supreme Court cases, Richard v. Louisiana Extended Care Centers, Inc., 02-0978 (La.1/14/03), and Coleman v. Deno, 01-1517 (La.1/25/02), .
-
Rachal v. Tenet Healthcare Systems
860 So. 2d 1175
La. Ct. App. 1st Cir. 2003
*1178 Harris, supra at p. 6, 819 So.2d at 1138 , citing Coleman v. Deno, 01-1517, 01-1521, pp. 8-9 (La.1/25/02), .
-
McKnight v. D & W HEALTH SERVICES, INC.
873 So. 2d 18
La. Ct. App. 1st Cir. 2003
Coleman v. Deno, 01-1517, pp. 17-18 (La.1/25/02), -16 .
-
Hinson v. the Glen Oak Retirement System
853 So. 2d 726
La. Ct. App. 2d Cir. 2003
In Coleman v. Deno, 01-1517 (La.01/25/02), -316 , the supreme court set forth a six-part test to determine whether a negligent act by a health care provider is covered under the MMA: (1) whether the particular wrong is "treatment related" or caused by a dereliction of professional skill; (2) whether the wrong requires expert medical evidence to determine w
-
McLemore v. WESTWOOD MANOR NURS. AND REHAB.
852 So. 2d 1170
La. Ct. App. 2d Cir. 2003
The court cited with approval the six-part test of Coleman v. Deno, 01-1517 (La.1/25/02), , for determining whether a negligent act by a health care provider is covered under the MMA: (1) Whether the particular wrong is "treatment related" or caused by dereliction of professional skill; (2) Whether the wrong requires expert medical evidence to determine whether the appropriate standard of care was breached