Cited by

Opinions in Louisiana that cite Richard v. Louisiana Extended Care Centers, 835 So. 2d 460.

69 citing documents.

Lloyd Riley and Timothy Riley Individually and on Behalf of the Decedent Faye Riley v. Paramount Healthcare Consultants,llc … La. Ct. App. 3d Cir. 2024
Jason Simon and Rita Simon v. Lafayette Physical Rehabilitation Hospital, LLC. La. Ct. App. 3d Cir. 2024
Anna T. Reynolds, individually as Heir and as Succession Representative for the Succession of Helen Robinson McGaha, and … La. Ct. App. 2d Cir. 2024
Kevin Swain, Chris Swain, Pamela Russell, And Cynthia Diane Jordan, Each Individually and On Behalf Of Their Mother, … La. Ct. App. 2d Cir. 2024
1/14/03), the Louisiana Supreme court stated the following with regard to claims against nursing homes: [T]he nursing home resident is not always receiving medical care or treatment for any specific condition, but can always be said to be “confined” to the nursing home.
Paula Patterson, Jon Crumpler and Carey Crumpler. Individually and On Behalf of Their Mother, Anita Carey v. Claiborne … La. Ct. App. 2d Cir. 2023
1/14/03), the Louisiana Supreme Court observed that a “nursing home resident is not always receiving medical care or 11 treatment for any specific condition.” Thus, “the legislature did not intend to have every act by any health care provider during the patient’s confinement in
Crystal Self, Individually, and Todd Self, Individually, and on Behalf of Their Minor Children, Cora Self and Carsyn … La. Ct. App. 2d Cir. 2023
Lisa Richard, Brenda Lemoine, Lori Guitierrez, Richard Troxclair and David Troxclair Individually and on Behalf of Sylvia Troxclair … La. Ct. App. 4th Cir. 2023
Jill Wendling, Individually and on Behalf of Husband Harold Avery Wendling v. Riverview Care Center, LLC D/B/A Riverview … La. Ct. App. 2d Cir. 2023
Kathleen May v. Diversified Healthcare-Abbeville,llc La. Ct. App. 3d Cir. 2022
1/14/03), contains perhaps the only reference by a Louisiana court to a nursing home smoker in the context of the MMA.
Shawanda Evans Jackson, Duly Appointed Testamentary of the Estate of Willie E. Jackson, Jr. v. Willis-Knighton Health System … La. Ct. App. 2d Cir. 2022
1/14/03), a 92-year-old double amputee fell from her wheelchair while being transported by nursing home staff.
Patricia Phoenix v. David A. Beary, M.D. and Abc Insurance Company La. Ct. App. 4th Cir. 2021
Diamond Fields and Gerald Sanford Versus Ochsner Medical Center - Kenner, L.L.C. La. Ct. App. 5th Cir. 2021
Barbara Campbell Versus Seaside Behavioral Healthcare, LLC, Seaside Healthcare, LLC, Seaside Health System, LLC, Jane Doe and Markel … La. Ct. App. 5th Cir. 2021
1/14/03), Porter v. S. Oaks Nursing & Rehab.
Ruth Blazio v. Ochsner Clinic Foundation D/B/A Ochsner Health System, Renee Y. Meadows, M.D., Keondra N. Lafrance, R.N., … La. Ct. App. 4th Cir. 2020
1/14/03), 3 The MMA and its limitations on tort liability for a qualified health care provider apply only to claims “arising from medical malpractice;” all other tort liability on the part of the qualified health care provider is governed by general tort law.
Butler-Bowie v. Olive Branch Senior Care Ctr. 266 So. 3d 478 La. Ct. App. 2d Cir. 2019
Evans v. Heritage Manor Stratmore Nursing & Rehab. Ctr., L.L.C. 244 So. 3d 737 La. Ct. App. 2d Cir. 2017
1/14/03), , the court stated as follows: In the case of a nursing home, the nursing home resident is not always receiving medical care or treatment for any specific condition, but can always be said to be "confined" to the nursing home.
Watson v. Woldenberg Village, Inc. 203 So. 3d 317 La. Ct. App. 1st Cir. 2016
Brandi Billeaudeau v. Opelousas General Hospital Health System La. Ct. App. 3d Cir. 2016
1/14/03), -68 (quoting Rogers v. Synthes, Ltd., (La.App.
Richard Dupuy and His Wife, Melissa Dupuy v. Nmc Operating Company, L.L.C. D/B/A the Spine Hospital of Louisiana, … 187 So. 3d 436 La. 2016
1/14/03), -68 (“In general, any conduct by a hospital complained of by a patient is properly within the scope of the MMA if it can reasonably be said that it comes within the definitions of the Act, even though there are alternative theories of liability.”) (internal brackets and quotation marks omitted).
Thomas v. Nexion Health at Lafayette, Inc. 155 So. 3d 708 La. Ct. App. 1st Cir. 2015
Veronica Thomas v. Nexion Health at Lafayette, Inc. La. Ct. App. 3d Cir. 2015
1/14/03), the plaintiff, an elderly nursing home resident who was a double amputee, filed suit alleging that she sustained severe injuries “when she was viciously attacked by an employee of [the nursing home], or alternatively, allowed to fall from her wheelchair.” Id.
Campbell v. Nexion Health at Claiborne, Inc. 149 So. 3d 436 La. Ct. App. 2d Cir. 2014
Richard v. Louisiana Extended Care Centers, Inc., 02-0978 (La.1/14/03), .
Luther v. Iom Co. 130 So. 3d 817 La. 2013
Richard v. Louisiana Extended Care Centers, Inc., 2002-0978 (La.1/14/03), .
Burandt v. Pendleton Memorial Methodist Hospital 123 So. 3d 236 La. Ct. App. 1st Cir. 2013
Richard v. Louisiana Extended Care Centers, Inc., 02-0978, p. 13 (La.1/14/03), .
Hendrix v. Maison Orleans I, L.L.C. 101 So. 3d 1013 La. Ct. App. 1st Cir. 2012
In Richard v. Louisiana Extended Care Centers, Inc., 2002-0978, p. 13 (La.1/14/03), -469 , the Louisiana Supreme Court stated: As we have previously held in Coleman v. Deno, 01-1517 (La.1/25/02), -316 , to be covered under the MMA, the negligent act must be related to medical treatment.
Rivera v. Bolden's Transportation Service, Inc. 97 So. 3d 1096 La. Ct. App. 1st Cir. 2012
Inc., 02-0978 (La.l/14/03), -69 .
Buford v. Williams 88 So. 3d 540 La. Ct. App. 1st Cir. 2012
Jones v. RUSTON LOUISIANA HOSP. CO., LLC 71 So. 3d 1154 La. Ct. App. 2d Cir. 2011
In reaching this conclusion, the Terry court was guided by the Louisiana Supreme Court's decision in Richard v. Louisiana Extended Care Centers, Inc., 2002-0978 (La.01/14/03), , from which it quoted the following: While clearly an act of malpractice can occur in the rendition of professional services, the patient must still be in the process of receiving "health care" from the doctor or hospital when the negligent rendition of professional services occurs.
Jones v. Ruston Louisiana Hospital Co., L.L.C. 71 So. 3d 1154 La. Ct. App. 2d Cir. 2011
In reaching this conclusion, the Terry court was guided by the Louisiana Supreme Court’s decision in Richard v. Louisiana Extended Care Centers, Inc., 2002-0978 (La.01/14/03), , from which it quoted the following: While clearly an act of malpractice can occur in the rendition of professional services, the patient must still be in | Bthe process of receiving “health care” from the doctor or hospital when the negligent rendition of professional services occurs.
Hamilton v. Baton Rouge Health Care 52 So. 3d 330 La. Ct. App. 1st Cir. 2010
Extended Care Centers, Inc., 02-0978 (La.1/14/03), , and Munson v. Lakewood Quarters Ltd. P’ship, 06-1428 (La.App.
Shondrea Dinnat and Denny Dinnat v. Dr. David Spence Texada La. Ct. App. 3d Cir. 2010
Dinnat v. Texada 30 So. 3d 1139 La. Ct. App. 1st Cir. 2010
Richard v. Louisiana Extended Care Centers, Inc., 02-978 (La.1/14/03), .
Jeanette Hernandez v. Diversified Healthcare-Abbeville, LLC D/B/A Maison Du Monde Living Center La. Ct. App. 3d Cir. 2009
1/14/03), and Munson v. Lakewood Quarters, L.P., 06-1428 (La.App.
Hernandez v. Diversified Healthcare-Abbeville, LLC 24 So. 3d 284 La. Ct. App. 1st Cir. 2009
In both Richard v. Louisiana Extended Care Centers, Inc., 02-0978 (La.1/14/03), , and Munson v. *288 Lakewood Quarters, L.P., 06-1428 (La.App.
Curtis Randall v. Concordia Nursing Home D/B/A Camelot Leisure Living La. Ct. App. 3d Cir. 2007
1/14/03), that have found, either by implication or directly, that actions brought under the NHRBR are heritable regardless of whether the alleged violations are related to medical treatment.1 As such, Camelot’s first argument, that the allegations See Pender v. Natchitoches Parish Hospital, 01-1380 (La.App.
Randall v. Concordia Nursing Home 965 So. 2d 559 La. Ct. App. 3d Cir. 2007
However, this court found several cases, including one decided by our own Louisiana Supreme Court, Richard v. Louisiana Extended Care Centers, Inc., 02-978 (La.1/14/03), , that have found, either by implication or directly, that actions brought under the NHRBR are heritable regardless of whether the alleged violations are related to medical treatment.
Munson v. LAKEWOOD QUARTERS LT. PARTNERSHIP 965 So. 2d 448 La. Ct. App. 1st Cir. 2007
However, as set forth in the Louisiana Supreme Court's opinion in Richard v. Louisiana Extended Care Centers, Inc., XXXX-XXXX (La.1/14/03), -468 , the fact that the alleged negligence involved the loading or unloading of a nursing home resident is not enough to alone establish that the negligence constitutes malpractice mandating the application of the MMA.
Blevins v. Hamilton Medical Center, Inc. 959 So. 2d 440 La. 2007
Richard v. Louisiana Extended Care Centers, Inc., 02-0978, pp. 11-12 (La.1/14/03), -468 , quoting Rogers v. Synthes, Ltd., (La.App.
Vincent Alexander v. Amelia Manor Nursing Home, Inc. La. Ct. App. 3d Cir. 2006
1/14/03), the statute was amended in 2001, and now specifically includes nursing homes.2 With regard to a wrongful death claim, the applicable prescriptive period is provided for by La.Civ.Code art. 3492, which states that “[d]elictual actions are subject to a liberative prescription of one year.
Alexander v. AMELIA MANOR NURSING HOME 924 So. 2d 409 La. Ct. App. 3d Cir. 2006
9:5628 was found applicable to nursing homes under the above version, see Richard v. Louisiana Extended Care Centers, 02-978 (La.1/14/03), , the statute was amended in 2001, and now specifically includes nursing homes.
Davis v. ST. FRANCISVILLE COUNTRY MANOR 928 So. 2d 549 La. Ct. App. 1st Cir. 2006
[2] Richard v. Louisiana Extended Care Centers, Inc., XXXX-XXXX, p. 10 (La.1/14/03), .
Amy Robinson v. Allen Parish Police Jury La. Ct. App. 3d Cir. 2005
Robinson v. Allen Parish Police Jury 918 So. 2d 535 La. Ct. App. 3d Cir. 2005
40:1299.41(A)(9); Richard v. Louisiana Extended Care Ctrs., 02-0978 (La.1/14/03), .
Jackson v. DeSOTO RETIREMENT AND REHAB. 917 So. 2d 727 La. Ct. App. 2d Cir. 2005
In Richard v. Louisiana Extended Care Centers, XXXX-XXXX (La.1/14/03), , the Louisiana Supreme Court discussed the "varying views on whether a claim against a nursing home qualified under the MMA must be brought pursuant to the provisions of the MMA, or may be brought under the NHRBR."
Helmers v. Fernandez Nursing Home, Inc. 914 So. 2d 556 La. Ct. App. 4th Cir. 2005
Moreover, the Louisiana Supreme Court in Richard v. Louisiana Extended Care Centers, Inc., 02-0978, p. 9 n. 6 (La.1/14/03), , 466 n. 6, noted that "[i]t is undisputed that a nursing home is a `health care provider' under the MMA," and that even prior to the 2001 amendment, the MMA's statutory definition of "hospital" included a "nursing home."
Quinney v. Summit of Alexandria 903 So. 2d 1226 La. Ct. App. 3d Cir. 2005
In Richard v. Louisiana Extended Care Centers, Inc., 02-0978 (La.01/14/03), , as in the case at bar, the court dealt with a plaintiff alleging violations of the NHRBR, while the defendant asserted that the claims fell under the MMA.
Richard Quinney v. the Summit of Alexandria La. Ct. App. 3d Cir. 2005
1/14/03), the Louisiana Supreme Court summarized the rights enumerated by the NHRBR as follows: (1) to civil and religious liberties; (2) to free communication, including use of mail, telephone, overnight visitation outside the nursing home with family and friends, flexible visitation hours; (3) to pr
Womack v. Autumn Leaves Nursing & Rehabilitation Center, LLC 902 So. 2d 1280 La. Ct. App. 2d Cir. 2005
1 ¿Henry cited Richard v. Louisiana Extended Care Centers, Inc., 2002-0978 (La.01/14/03), , which superseded Gorham .
Womack v. AUTUMN LEAVES NURS. & REHAB. CEN. 902 So. 2d 1280 La. Ct. App. 2d Cir. 2005
Henry cited Richard v. Louisiana Extended Care Centers, Inc., XXXX-XXXX (La.01/14/03), , which superseded Gorham .
Furlow v. Woodlawn Manor, Inc. 900 So. 2d 336 La. Ct. App. 2d Cir. 2005
Richard v. Louisiana Extended Care Centers, Inc., 02-0978 (La.1/14/03), .