Cited by

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

103 citing documents.

Roberson v. Arcadia Healthcare Center, Inc. 850 So. 2d 1059 La. Ct. App. 2d Cir. 2003
David v. Our Lady of the Lake Hosp., Inc. 849 So. 2d 38 La. 2003
Found., 98-1977 (La.2/29/00)
Perritt v. Dona 849 So. 2d 56 La. 2003
In response, this Court ruled that the MMA is a special legislation in derogation of the general tort law and must therefore be strictly construed.
Hall v. Brookshire Bros., Ltd. 848 So. 2d 559 La. 2003
While we are mindful that the Medical Malpractice Act, which substantially impedes the ability of an injured party to obtain full recovery of his or her damages, is in derogation of established rights and is to be strictly construed, in interpreting the language of a statute that is susceptible of different meanings we are obligated to apply and interpret the language of the statute in a manner which is consistent with logic and the presumed fair purpose and intention of the legislature in passi
Arrington v. ER PHYSICIANS GROUP APMC 847 So. 2d 236 La. Ct. App. 3d Cir. 2003
Ginn v. Woman's Hospital Foundation, Inc. 842 So. 2d 338 La. 2003
Ctr., 92-3086 (La.4/28/94)
Richard v. Louisiana Extended Care Centers 835 So. 2d 460 La. 2003
Taylor v. Clement 832 So. 2d 1089 La. Ct. App. 3d Cir. 2002
In re Medical Review Panel of Conerly 833 So. 2d 384 La. Ct. App. 1st Cir. 2002
*386 In reasons for judgment, in which the Louisiana Supreme Court held that strict liability for a defective bed was not covered under the Medical Malpractice Act.
Flood v. Pendleton Memorial Methodist Hosp. 823 So. 2d 1002 La. Ct. App. 4th Cir. 2002
NOTES [1] , 579 n. 3 (La.1992).
Florane v. Pendleton Memorial Methodist Hospital 822 So. 2d 642 La. Ct. App. 1st Cir. 2002
contending that the claim does not fall within the category of “deficits” enumerated under La.
Harris v. Sternberg 819 So. 2d 1134 La. Ct. App. 4th Cir. 2002
Netherland v. Ethicon, Inc. 813 So. 2d 1254 La. Ct. App. 2d Cir. 2002
and found that the MMA and the prescription statute, La.
Coleman v. Deno 813 So. 2d 303 La. 2002
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 *316 A.L.R.4th 887, 1991 WL 741765 (1991)).
Williams v. Jackson Parish Hospital 798 So. 2d 921 La. 2001
Rather, that amendment was enacted at a time when health care providers were exposed to strict products liability claims arising out of defective blood transfusions.
Tucker v. Lain 798 So. 2d 1041 La. Ct. App. 4th Cir. 2001
Hardy v. Blood Systems, Inc. 794 So. 2d 13 La. Ct. App. 3d Cir. 2001
Patin v. Administrators of the Tulane Educational Fund 770 So. 2d 816 La. Ct. App. 1st Cir. 2000
4 Cir. 5/21/97) , , writ denied, 97-1662 (La.10/10/97), , this court cited Sewell v. Doctors Hospital, 91-CC-1668 (La.5/26/92) , in which the Supreme Court indicated that the following facts are appropriate in determining whether a particular alleged act falls within the purview of the Louisiana Medical Malpractice Act: (1) “whether the particular wrong is ‘treatment related’ or caused by a dereliction of professional skill;” (2) “whethe
Ortega v. Semco, L.L.C. 762 So. 2d 276 La. Ct. App. 1st Cir. 2000
Hebert v. Medical Center of Louisiana 760 So. 2d 1164 La. 2000
Boutte v. Jefferson Parish Hosp. Serv. 759 So. 2d 45 La. 2000
[8] we implicitly so held.
Spradlin v. Acadia-St. Landry Med. Found. 758 So. 2d 116 La. 2000
Munden v. Charity Hospital & Medical Center 754 So. 2d 281 La. Ct. App. 1st Cir. 1999
Batson v. South Louisiana Medical Center 750 So. 2d 949 La. 1999
Garnica v. LA STATE UNIV. MEDICAL CENTER 744 So. 2d 156 La. Ct. App. 4th Cir. 1999
the collapse of a hospital bed was not malpractice.
Armand v. STATE, DEPT. OF HEALTH & HUMAN 729 So. 2d 1085 La. Ct. App. 1st Cir. 1999
See, e.g., Hutchinson v. Patel, 93-2156 (La.5/23/94)
Derouen v. State ex rel. Department of Health & Hospitals 736 So. 2d 890 La. Ct. App. 1st Cir. 1999
The court in Hebert also relied on a n. 3 (La.1992), wherein the supreme court listed several factors considered by the courts of other states in determining the scope of medical malpractice statutes.
Lopez v. STATE, LOUISIANA HEALTH CARE 721 So. 2d 518 La. Ct. App. 3d Cir. 1998
Conerly v. State 714 So. 2d 709 La. 1998
Spradlin v. ACADIA ST. LANDRY MED. FOUND. 711 So. 2d 699 La. Ct. App. 3d Cir. 1998
(holding Act inapplicable for the collapse of a hospital bed which was wholly unrelated to staff negligence).
Ruiz v. Oniate 713 So. 2d 442 La. 1998
Morgan v. ABC MANUFACTURER 710 So. 2d 1077 La. 1998
Dominick v. REHABILITATION HOSP. OF NO 714 So. 2d 739 La. Ct. App. 4th Cir. 1998
Similarly, plaintiff's claim was based solely on strict liability for a defective bed in the hospital's custody.
Dunn v. Bryant 701 So. 2d 696 La. Ct. App. 1st Cir. 1997
Hebert v. Federal Express Corp. 695 So. 2d 528 La. Ct. App. 4th Cir. 1997
Price v. City of Bossier City 693 So. 2d 1169 La. 1997
Fincher v. State, Dept. of Health & Hosp. 691 So. 2d 844 La. Ct. App. 2d Cir. 1997
She specifically cites Head v. Erath Gen'l Hosp., supra , as fall or slip-and-fall cases in which the MMA did not apply.
Hollingsworth v. Bowers 690 So. 2d 825 La. Ct. App. 3d Cir. 1996
Pendleton v. Barrett 675 So. 2d 720 La. 1996
Hidalgo v. Wilson Certified Exp., Inc. 676 So. 2d 114 La. Ct. App. 1st Cir. 1996
Prisk v. Palazzo 668 So. 2d 415 La. Ct. App. 4th Cir. 1996
Graham v. Willis-Knighton Medical Center 662 So. 2d 161 La. Ct. App. 2d Cir. 1995
Sewell v. Doctors *166 Hospital
Huffaker v. ABC Ins. Co. 659 So. 2d 544 La. Ct. App. 4th Cir. 1995
Finally, as noted by the trial court, is misplaced.
Catalanotto v. Lifemark Hospitals of Louisiana, Inc. 648 So. 2d 970 La. Ct. App. 1st Cir. 1994
Descant v. Adm'rs of Tulane Educ. Fund 639 So. 2d 246 La. 1994
Hutchinson v. Patel 637 So. 2d 415 La. 1994
Jones v. Crow 633 So. 2d 247 La. Ct. App. 1st Cir. 1993
Descant v. Administrators of the Tulane Educational Fund 627 So. 2d 214 La. Ct. App. 1st Cir. 1993
Section 40:1299.-42(B)(2) states that “a health care provider qualified under this Part is not liable for an amount in excess of $100,000.00 plus interest thereon accruing after April 1, 1991 ...” as an effort: ...
Rogers v. Synthes, Ltd. 626 So. 2d 775 La. Ct. App. 2d Cir. 1993
Klingman v. Green 616 So. 2d 762 La. Ct. App. 1st Cir. 1993