Jamie W. Turner, wife of_and Ricky Ray Turner, on behalf of their minor child, Lilith May Turner v. Woman&39;s Hospital Foundation

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JAMTE W. TURNER, WIFE OF/AND NO. 2026 CW 0044
RICKY RAY TURNER, ON BEHALF
OF THEIR MINOR CHILD, LILITH

MAY TURNER

VERSUS

WOMAN'S HOSPITAL FOUNDATION, FEBRUARY 19, 2026

D/B/A WOMAN'S HOSPITAL, ET

AL

Tn Re: The Louisiana Patient's Compensation Fund and The
Louisiana Patient's Compensation Fund Oversight Board,
through the Nominal Defendant, Woman's Hospital,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 657352.

BEFORE : THERIOT, LANIER, STROMBERG, BALFOUR, AND HAGGERTY,+ JJ.
WRIT DENIED.

WIL
TPS

Theriot and Haggerty, JJ., dissent and would grant the writ
and reverse the district court’s judgment which granted the motion
in limine filed by plaintiffs limiting the testimony of the medical
review panel members to only the medical review panel opinion.
Either party shall have the right to call, at his cost, any member
of the medical review panel as a witness. La. R.S. 40:1231.8(H).
This statute does not place limitations on the scope of such
testimony. In fact, panelists may change their individual opinions
after the panel’s written expert opinion has been rendered and
testify to their changed opinion at trial, so long as the panel’s
initial opinion is also presented for consideration. Galloway v.
Baton Rouge General Hospital, 602 So.2d 1003, 1006-07 (La. 1992).
The purpose of an expert report as contemplated by La. Code Civ.
P. art. 1425 is to provide the opposing party with advance notice
of the expert's opinions and the basis and reasons therefore and
the data or other information considered by the witness in forming
the opinions. All parties herein were aware that any party could
call a panel member as a witness, and it does not appear that the
Louisiana Patient’s Compensation Fund retained a panel member as
its expert, and accordingly, all parties had access to the panel
members. See Moonan v. Louisiana Med. Mut. Ins. Co., 2016-113
(La. App. Sth Cir. 9/22/16), 202 So.3d 529, writ denied, 2016-2048
(La. 1/9/17), 214 So.3d 869.

WRT OF APPEAL, FIRST CIRCUIT

_

) FOR THE COURT

‘Haggerty, J., serving pro tempore, by special appointment of the Louisiana
Supreme Court.