Cited by

Opinions in Louisiana that cite Sewell v. Doctors Hosp., 600 So. 2d 577.

103 citing documents.

Joan Marie Douglas v. Pathway Management of Louisiana, LLC and Community Care Center of Shreveport, South, LLC D/B/A … La. Ct. App. 2d Cir. 2025
Billeaudeau, supra; (La.
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
Anna T. Reynolds, individually as Heir and as Succession Representative for the Succession of Helen Robinson McGaha, and … La. Ct. App. 2d Cir. 2024
Monica Sebble On Behalf Of The Estate Of Vivian Lee Brown (d) v. St. Luke's #2, Llc D/b/a … La. 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
Monica Sebble on Behalf of the Estate of Vivian Lee Brown (D) v. St. Luke's 2, LLC D/B/A … La. Ct. App. 4th Cir. 2023
Anthony Hernandez and Rebecca Eades, individually and on behalf of decedent Camron Hernandez, and Colton Hawkins v. Aethon … La. Ct. App. 2d Cir. 2023
Sara McDowell, individually and on behalf of the estate of her husband, Hartley Duncan v. Garden Court Healthcare, … La. Ct. App. 2d Cir. 2022
Kathleen May v. Diversified Healthcare-Abbeville,llc La. Ct. App. 3d Cir. 2022
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 condition.” n. 3 (La.1992)(quoting Holly P. Rockwell, Annotation, What Patient Claims Against Doctor, Hospital, or Similar Health Care Provider Are Not Subject to Statutes Specifically Governing Actions and Damages for Medical Malpractice, 89 A.L.R.4th
Akil Aziz v. Dr. Michael Burnell La. Ct. App. 3d 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
In Re: Medical Review Panel Proceedings for the Claim of Rhonda Ferguson v. Dr. James G. Howell, Dr. … La. Ct. App. 2d Cir. 2019
Butler-Bowie v. Olive Branch Senior Care Ctr. 266 So. 3d 478 La. Ct. App. 2d Cir. 2019
Brandi Billeaudeau, Veronica Billeaudeau, and Joseph Billeaudeau v. Opelousas General Hospital Authority, Dr. Kondilo Skirlis-Zavala, and the Shumacher … 218 So. 3d 513 La. 2016
Daniel v. Minnard 196 So. 3d 160 La. Ct. App. 1st Cir. 2016
Perritt v. Dona, 02-2601 (La.7/2/03)
Brandi Billeaudeau v. Opelousas General Hospital Health System La. Ct. App. 3d Cir. 2016
ires 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 condition.” The latter annotation lists three additional factors that courts have considered, and we now add those to our Sewell [v. Doctors Hosp., ] list; to wit: [4] whether an incident occurred in the context of a physician-patient relationship, or was within the scope of activities which a hospital is licensed to p
Billeaudeau v. Opelousas General Hospital Authority 189 So. 3d 561 La. Ct. App. 1st Cir. 2016
sed 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 condition.” The latter annotation lists three additional factors that courts have considered, and we now add those to our Sewell [v. Doctors Hosp., ] list; to wit: [4] whether an incident occurred in the context of a physician-patient relationship,
Khammash v. Clark 145 So. 3d 246 La. 2014
While we are mindful the MMA is in derogation of established rights and is to be strictly construed, we are nevertheless obligated to apply the Act in a manner which is consistent with logic *257 and the presumed fair purpose and intention of the Legislature in passing it.
Ward v. Vivian Healthcare & Rehabilitation Center 116 So. 3d 870 La. Ct. App. 2d Cir. 2013
Bickham v. Lammico 90 So. 3d 467 La. Ct. App. 1st Cir. 2012
McGlothlin v. Christus St. Patrick Hospital 65 So. 3d 1218 La. 2011
Under well-established law, because “all of the limiting provisions applicable to qualified health care providers are ‘special legislation in derogation of the rights of tort victims,’ these provisions are all strictly construed.” Spradlin , 98-1977 at p. 6, 758 So.2d at 120 ( (La.
Mickey Atkinson v. Lammico Ins. Co. La. Ct. App. 3d Cir. 2011
at 315-16 (quoting, in part, ).
Atkinson v. Lammico Insurance Co. 63 So. 3d 1176 La. Ct. App. 1st Cir. 2011
at 315-16 (quoting, in part, ).
Tina Derouen, Et Vir., Howard Derouen, III v. Park Place Surgery Center, LLC La. Ct. App. 3d Cir. 2010
Williamson, 04-0451 at p. 5, 888 So.2d at 786; (finding strict liability for defects in hospital bed that collapsed resulting in injury to patient was not included within definition of medical malpractice under the LMMA).
Derouen v. Park Place Surgical Center, LLC 37 So. 3d 525 La. Ct. App. 1st Cir. 2010
Williamson, 04-0451 at p. 5, 888 So.2d at 786 ; (finding strict liability for defects in hospital bed that collapsed resulting in injury to patient was not included within definition of medical malpractice under the LMMA).
Roark v. Liberty Healthcare Systems, LLC 26 So. 3d 968 La. Ct. App. 2d Cir. 2009
40:1299.45(A); Roberson v. Arcadia Healthcare Ctr., Inc. 37,761 (La.App.2d Cir.7/9/03), .
Explained Reed v. St. Charles General Hospital 11 So. 3d 1138 La. Ct. App. 1st Cir. 2009
[citations omitted] In Sewell [,v. Doctors Hosp., ], we explained: The Medical Malpractice Act’s limitations on the liability of a health care provider are special legislation in derogation of the rights of tort victims.
Mineo v. UNDERWRITERS AT LLOYDS, LONDON 997 So. 2d 187 La. Ct. App. 4th Cir. 2008
LaCoste, supra, XXXX-XXXX at p. 6, 966 So.2d at 524 , citing, Coleman v. Deno, XXXX-XXXX, 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); (finding strict liability for defects in hospital bed that collapsed resulting in injury to patient was not included within the definition of medical malpractice under the MMA).
Leonard v. STATE, DHH-RUSTON DEVEL. CENTER 975 So. 2d 662 La. Ct. App. 2d Cir. 2008
Williamson , 04-0451 at p. 5, 888 So.2d at 786 ; (finding strict liability for defects in hospital bed that collapsed resulting in injury to patient was not included within definition of *664 medical malpractice under the LMMA).
Miller v. Lammico 973 So. 2d 693 La. 2008
Landry Medical Foundation, 98-1977, p. 6 (La.2/29/00), ; Conerly v. State, 97-0871, p. 3 (La.7/8/98)
Lafonta v. Hotard Coaches, Inc. 969 So. 2d 686 La. Ct. App. 4th Cir. 2007
Williamson, 04-0451 at p. 5, 888 So.2d at 786; (finding strict liability for defects in hospital bed that collapsed resulting in injury to patient was not included within definition of medical malpractice under the LMMA).
LaCoste v. Pendleton Methodist Hosp. 966 So. 2d 519 La. 2007
Williamson , 04-0451 at p. 5, 888 So.2d at 786 ; (finding strict liability for defects in hospital bed that collapsed resulting in injury to patient was not included within definition of medical malpractice under the LMMA).
Blevins v. Hamilton Medical Center, Inc. 959 So. 2d 440 La. 2007
(finding strict liability for defects in hospital bed which collapsed resulting in injury to patient was not included within "malpractice" under the LMMA).
Bardwell v. Faust 962 So. 2d 13 La. Ct. App. 1st Cir. 2007
LaCoste v. PENDLETON METHODIST HOS., LLC 947 So. 2d 150 La. Ct. App. 4th Cir. 2006
In support of its judgment, which held that coverage by the Louisiana Medical Malpractice Act (La.
Lydia Eldridge v. Heritage Manor, L. L. C. La. Ct. App. 3d Cir. 2006
ion of professional skill, 4 [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 condition.” n. 3 (La.1992)(quoting Holly P. Rockwell, Annotation, What Patient Claims Against Doctor, Hospital, or Similar Health Care Provider Are Not Subject to Statutes Specifically Governing Actions and Damages for Medical Malpractice, 89 A.L.R.4th 887, 1991 WL
Eldridge v. Heritage Manor, LLC 942 So. 2d 743 La. Ct. App. 3d Cir. 2006
579 n. 3 (La.1992)(quoting Holly P. Rockwell, Annotation, What Patient Claims Against Doctor, Hospital, or Similar Health Care Provider Are Not Subject to Statutes Specifically Governing Actions and Damages for Medical Malpractice, 89 A.L.R.4th 887 , 1991 WL 741765 (1991)).
Robert Neil Guilbeau v. Bayou Chateau Nursing Center La. Ct. App. 3d Cir. 2006
4 Furthermore, in establishing the LPCF, La.R.S.
Guilbeau v. Bayou Chateau Nursing Center 930 So. 2d 1167 La. Ct. App. 3d Cir. 2006
Wilson v. Invacare Corp. 920 So. 2d 393 La. Ct. App. 2d Cir. 2006
No. 1 of Jefferson, XXXX-XXXX (La.12/01/04)
Explained Amy Robinson v. Allen Parish Police Jury La. Ct. App. 3d Cir. 2005
Landry Medical Foundation, 98-1977 (La.2/29/00), Hutchison v. Patel, 637 So.2d at 419
Explained Robinson v. Allen Parish Police Jury 918 So. 2d 535 La. Ct. App. 3d Cir. 2005
Landry Medical Foundation, 98-1977 (La.2/29/00), ; Hutchison v. Patel, 637 So.2d at 419
Williams v. NOTAMI HOSPITALS OF LOUISIANA 927 So. 2d 368 La. Ct. App. 1st Cir. 2005
Kelty v. Brumfield, 93-1142 (La.2/25/94), .
Jordan v. Willis-Knighton Medical Center 911 So. 2d 351 La. Ct. App. 2d Cir. 2005
Nash v. Brown 898 So. 2d 619 La. Ct. App. 3d Cir. 2005
John David Nash v. David J. Brown, M.D. La. Ct. App. 3d Cir. 2005
Delcambre v. Blood Systems, Inc. 893 So. 2d 23 La. 2005
Ginn , 02-1913, at p. 10, ; Price , 96-2408, at p. 6, 693 So.3d at 1172
Williamson v. HOSPITAL SERVICE OF JEFFERSON 888 So. 2d 782 La. 2004
Romero v. Willis-Knighton Medical Center 870 So. 2d 474 La. Ct. App. 2d Cir. 2004
Williamson v. Hospital Service District No. 1 of Jefferson 866 So. 2d 962 La. Ct. App. 1st Cir. 2004
(La.1992), the Court held that an allegedly defective hospital bed did not fall under the purview of the MMA because there were no allegations of negligence on the part of the hospital.