The Louisiana Supreme Court held Wednesday that claims against hospitals that did not have emergency power and evacuation plans in place prior to Hurricane Katrina are not considered medical malpractice claims. The ruling reversed an appeals court decision that likened such claims to medical malpractice cases as they involve decisions relating to patient care or treatment.
Family members of Althea Lacoste, a patient admitted to Methodist Hospital the day before Katrina hit New Orleans, brought a wrongful death lawsuit after the hospital failed to provide emergency power for her life support system and/or to evacuate her to another hospital with adequate power.
The court considered the wrongful death suit more of a products liability and/or general negligence case, rather than a medical malpractice suit. Medical malpractice suits must follow a lengthy state review process and awards are capped at $500,000. Louisiana law also requires that medical malpractice claims allege an injury caused by a deficiency in professional medical skills.
Up to 194 claims have been filed with the Louisiana Patients Compensation Fund Oversight Board.
Source: http://jurist.law.pitt.edu/paperchase/2007/09/louisiana-high-court-lifts-procedural.php; http://www.lexisone.com/news/ap/ap090607j.html
