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Cudges v. Our Lady of Lourdes Hospital

Citations: 514 So. 2d 195; 1987 La. App. LEXIS 10380Docket: No. W87-434

Court: Louisiana Court of Appeal; October 7, 1987; Louisiana; State Appellate Court

Narrative Opinion Summary

In this medical malpractice case, the plaintiff filed suit against a hospital, alleging both negligent and intentional acts by hospital staff that resulted in her injuries. The hospital, as a qualified health care provider, asserted an exception of prematurity, arguing that the plaintiff failed to have her claims reviewed by a medical review panel as mandated by Louisiana statutes LSA-R.S. 40:1299.47 and LSA-R.S. 40:1299.41 A.(8). The trial court allowed the intentional tort claims to proceed, but the hospital sought supervisory relief. The appellate court evaluated whether the plaintiff's allegations met the criteria for intentional torts as defined in Bazley v. Tortorick, which requires intent for a specific result or knowledge that harm is substantially certain to follow. The court found that the petition did not meet these criteria, as the staff's actions were standard medical procedures lacking intentionality. Consequently, the appellate court reversed the trial court's decision, sustained the exception of prematurity for all claims, and dismissed the suit without prejudice, assessing costs against the plaintiff. The court also determined that the case of Caudle v. Betts did not apply to the circumstances of this case.

Legal Issues Addressed

Battery as an Intentional Tort

Application: The court addressed whether the continued medical procedures after withdrawal of consent could be classified as battery, an intentional tort, but found the circumstances did not support this claim.

Reasoning: The trial court found that continued probing after the plaintiff's withdrawal of consent constituted battery, relying on similar cases; however, those cases involved clear acts of unauthorized procedures or physical harm, which are not analogous to the situation at hand.

Definition of Intentional Tort

Application: The court applied the criteria from Bazley v. Tortorick to determine whether the actions of the hospital staff met the definition of an intentional tort.

Reasoning: The Louisiana Supreme Court case, Bazley v. Tortorick, provides a definition of 'intentional tort,' indicating that intent refers to the actor's desire for a specific result or knowledge that a result is substantially certain to follow from their conduct.

Distinction between Negligence and Intentional Tort

Application: The court evaluated whether the plaintiff's allegations were sufficient to constitute an intentional tort, thereby exempting them from the medical review panel requirement.

Reasoning: The central legal question is whether Cudges' allegations sufficiently constitute an intentional tort, allowing her claims to circumvent the medical malpractice review requirement.

Exception of Prematurity under Medical Malpractice Act

Application: The court examined whether claims against a qualified health care provider required prior review by a medical review panel before proceeding with a lawsuit.

Reasoning: The hospital, classified as a qualified health care provider, raised an exception of prematurity, arguing that Cudges failed to seek review from a medical review panel before filing the lawsuit.

Procedural Ruling on Exception of Prematurity

Application: The court reversed the trial court's decision on the exception of prematurity, sustaining it for all claims and dismissing the suit without prejudice.

Reasoning: Consequently, the writ is made peremptory, reversing the trial court's partial overruling of the exception of prematurity, sustaining the exception for all of the plaintiff's demands, and dismissing her suit without prejudice.