Reaux v. Our Lady of Lourdes Hosp.
Docket: 85-529
Court: Louisiana Court of Appeal; July 21, 1986; Louisiana; State Appellate Court
Dalton Reaux, Sr. and others, the plaintiffs, appealed a trial court judgment sustaining an exception of prematurity filed by Our Lady of Lourdes Hospital and an unnamed insurer, based on the Louisiana Medical Malpractice Act. The plaintiffs sought damages for the wrongful death of Nola Reaux, who was allegedly assaulted while hospitalized, claiming that the hospital failed to provide adequate monitoring, care, and security. The court addressed whether the claims constituted medical malpractice, which would require prior presentation to a medical review panel under the Act. The Act defines malpractice as unintentional torts or breaches of contract related to health care services rendered to a patient. The court determined that the alleged tort did not arise from health care or professional services, referencing previous rulings that established a clear distinction between medical malpractice and other types of negligence within a hospital setting. The court concluded that the actions complained of did not meet the criteria for medical malpractice, thus the requirement to present the claim to a medical review panel was not applicable. Consequently, the trial court’s judgment was reversed, and the case was remanded for further proceedings, with costs of the appeal to be assessed later.