Sergio Tapia v. St. Tammany Parish Hospital, and its Administrators, Agents, Employees and Staff, and Mark Dominguez, M.D.
Sergio Tapia v. St. Tammany Parish Hospital, and its Administrators, Agents, Employees and Staff, and Mark Dominguez, M.D., No. 2019CW0609 (La. Ct. App. 1st Cir. Nov. 25, 2019).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Matranga v. Parish Anesthesia of Jefferson, LLC 254 So. 3d 1238
- Triha Health Partners, LLC v. Trina Health, LLC 265 So. 3d 772
- Brandi Billeaudeau, Veronica Billeaudeau, and Joseph Billeaudeau v. Opelousas General Hospital Authority, Dr. Kondilo Skirlis-Zavala, and … 218 So. 3d 513
- Plaisance v. Our Lady of Lourdes Regional Medical Center, Inc. 47 So. 3d 17
- Lyncher v. Design Engineering, Inc. 52 So. 3d 904
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SERGIO TAPIA NO. 2019 CW 0609
VERSUS
ST. TAMMANY PARISH HOSPITAL,
AND ITS ADMINISTRATORS,
AGENTS, EMPLOYEES AND STAFF, NOV Z 5 2019
AND MARK DOMINGUEZ, M. D.
In Re: St. Tammany Parish Hospital, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 2017- 14995.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The plaintiff' s claims that the relator, St.
Tammany Parish Hospital, failed to take action to prevent Dr.
Mark Dominguez from operating on hospital patients involves the
relator' s " training and supervision of health care providers"
and therefore those claims sound in medical malpractice. See
Matranga v. Par. Anesthesia of Jefferson, LLC, 2017- 73 ( La. App.
5th Cir. 8/ 29/ 18), 254 So. 3d 1238, writ denied, 2018- 1561 ( La.
2/ 18/ 19), 265 So. 3d 772. Furthermore, even considering the
plaintiff' s allegation that the relator " failed to establish by-
law and rules regarding the
credentialing of physicians, and/ or
failed to follow the rules of by- laws in place," this case
contains mixed allegations of negligent and
credentialing
negligent supervision, and the plaintiff was therefore required
to submit his claims to a medical review panel prior to filing
suit. See Billeaudeau v. Opelousas Gen. Auth., 2016- 0846
Hosp.
La. 10/ 19/ 16) , 218 So. 3d 513, 51. 9 n. 9( citing Plaisance v. Our
Lady of Lourdes Reg11 Med. Ctr., Inc., 2010- 348 ( La. App. 3d
Cir. 1016/ 10), 47 So. 3d 17, 21, writ denied, 2010-- 2520 ( La.
1/ 14/ 11), 52 So. 3d 904). The trial 19, 2019
court' s
February
judgment is reversed, the relator' s exception of prematurity is
granted, and the plaintiff' s action against the relator is
dismissed without prejudice.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
V
DEPUTY LERK OF COURT
FOR THE COURT