Gregory Terry Brooks a_k_a Gregory T. Brooks a_k_a Greg Brooks, Jr. v. Louisiana State University and Agricultural and Mechanical College

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COURT OF APPEAL, FIRST CIRCUIT

GREGORY TERRY BROOKS A/ K/ A GREGORY NO. 2025 CW 0686
T. BROOKS A/ K/ A GREG BROOKS, JR.

VERSUS

LOUISIANA STATE UNIVERSITY AND
AGRICULTURAL AND MECHANICAL COLLEGE
A/ K/ A LOUISIANA STATE UNIVERSITY,
BOARD OF SUPERVISORS OF LOUISIANA
STATE UNIVERSITY AGRICULTURAL AND
MECHANICAL COLLEGE, AND OUR LADY OF
THE LAKE REGIONAL MEDICAL CENTER OCTOBER 23, 2025

In Re: Our Lady of the Lake Hospital, Inc., for
applying
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 751840.

BEFORE: THERIOT, PENZATO, AND BALFOUR, ii.

WRIT GRANTED. The district court' s June 12, 2025 judgment
which overruled the exception of prematurity filed by defendant,
Our Lady of the Lake Hospital, Inc. (" OLOL"), is reversed.

Although plaintiff alleged a cause of action for negligent initial
credentialing herein, the evidence admitted by the district court
showed that Dr.
Gaynor was re -credentialed by OLOL prior to the
medical treatment at issue in this case, and such re- credentialing
involved ongoing review. Treatment related medical decisions and
dereliction of skill for which a hospital can be held liable for
malpractice" fall under the " supervision
and training" of the

providers once they enter the building and engage in the practice
of medicine therein. Thomas v. Reg11 Health Sys. of Acadiana,
LLC, 2019- 00507 ( La. 1/ 29/ 20), 347 So. 3d 595, 602. Re-
credentialing necessarily falls within the definition of

malpractice" because it constitutes an " unintentional tort . . .
based on health care or professional services rendered, or which
should have been rendered, by a health care provider, to a patient
in the training or supervision of health care providers".
Id. We find the negligent which
credentialing, necessarily
involves the re- credentialing of Dr. Gaynor which occurred prior
to the treatment at issue, are so intertwined with the malpractice
claims as to fall within the purview of the definition of
malpractice", and therefore, within the Medical Malpratice Act.
Id. at 604. See also La. R. S. 40: 1231. 1( A)( 13). The exception of
prematurity filedbydefendant, Our Lady of the Lake Hospital,
Inc., is granted,
and plaintiff' s claims against Our Lady of the
Lake Hospital, Inc. are dismissed, without prejudice.

MRT
AHP
REB