Professional Negligence Law Reporter

Willie Jackson went to the Willis-Knighton Medical Center emergency room after becoming disoriented while at a dialysis center. He underwent testing, which revealed he had suffered a series of mini-strokes. He was admitted to the facility and transported to a hospital room by two hospital employees. While the employees were rolling Jackson onto an elevator, he fell from the gurney and was injured.

Jackson sued the hospital, alleging negligence. The defendant filed an exception of prematurity, arguing the plaintiff’s claim required review by a medical review panel (MRP) under the Louisiana Medical Malpractice Act (LMMA). The trial court found that the petition could not be filed until the MRP process had run its course but allowed Jackson’s wife, who was substituted as plaintiff after his death, to amend her petition. The plaintiff filed an amended petition for damages under Louisiana’s premises liability laws. After a subsequent hearing on the exception of prematurity, the court dismissed the plaintiff’s action without prejudice.

Affirming, the appellate court cited six factors to determine whether a negligent act is covered by the LMMA, including whether the alleged wrong is treatment-related or resulted from a dereliction of professional skill, expert medical advice is necessary to determine whether there was a breach of the standard of care, the act or omission involved assessment of the patient’s condition, the incident occurred in the context of a physician-patient relationship or was within the scope of activities the hospital is licensed to perform, the injury would have occurred if the patient had not sought treatment, and the alleged tort was intentional. Applying these factors, the court found that Jackson’s injuries occurred during his transport to his hospital room and were therefore treatment-related. Additionally, expert testimony will be required to determine whether the defendant breached protocols requiring side rails and restraints, the court said, adding that the defendant’s decision to transport Jackson to a hospital room necessarily involves an assessment of his condition, which falls under the LMMA’s purview.

The court also found that although the alleged incident did not occur within the context of a physician-patient relationship, it did occur within the scope of activities the hospital is licensed to perform. Patient transport is a necessary part of licensed medical treatment, the court found, noting that Jackson’s injuries would not have occurred had he not sought treatment.

Consequently, the court found that the trial court’s judgment granting the defendant’s dilatory exception of prematurity was proper.

Citation: Jackson v. Willis-Knighton Health Sys., 2022 WL 1100504 (La. Ct. App. Apr. 13, 2022).