Bryant v. Department Of Health And Hospitals

Citation: 264 So. 3d 521Docket: 18-423

Court: Louisiana Court of Appeal; January 15, 2019; Louisiana; State Appellate Court

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Mr. Jordan Bryant appeals the dismissal of his personal injury claim against defendants Andrea Ford, Thaddeus Green, and various state entities, citing exceptions of prematurity and prescription. The claim arises from an incident where Ford and Green, employees at Pinecrest Supports Services Center, allegedly used excessive force against Bryant, resulting in a broken neck and quadriplegia. Bryant's petition includes claims of negligence and potential medical malpractice; however, he did not submit his case to a medical review panel as required by the Louisiana Medical Malpractice Act before filing suit.

The defendants argued that Bryant's claim was premature and had prescribed due to the failure to convene a panel and the lapse of over a year since the injury without proper initiation of the claim. Despite Bryant's amendments to his petition, the trial court granted the defendants' exceptions without any evidence presented at the hearing.

Bryant contends that the trial court erred in granting the exceptions, asserting the defendants did not meet their burden of proof and misapplied the Medical Malpractice Act to his claims. The Act requires that medical malpractice claims against state providers be reviewed by a medical panel before court action, and the defendants bear the burden of proving the need for such a review based on the allegations in Bryant’s petitions. The appellate court's subsequent analysis will focus on the allegations to determine the appropriateness of the exceptions.

Defendants contend that Mr. Bryant's petitions assert medical malpractice claims. In response to earlier exceptions, Mr. Bryant filed several supplemental and amending petitions, but these lack court approval or consent from any party, as required by La.Code Civ. P. art. 1151, leaving them without authority for consideration. The original petition alleges that on September 30, 2016, staff members Andrea Ford and Thaddeus Green used unreasonable physical force on Jordan Bryant, resulting in significant injury and unconsciousness. It claims negligence for failing to adhere to medical standards and for using excessive force. Following treatment at Rapides Regional Medical Center, Mr. Bryant was transferred to Meadowview Nursing Home, where he experienced abuse and neglect, leading to bedsores and subsequent surgery.

The court must determine if the petition constitutes a medical malpractice claim. Since no evidence was presented at the hearing, the trial court's findings are not given deference. The case law outlines six factors to assess whether an act is malpractice, including whether the act is treatment-related, if expert evidence is necessary, whether a physician-patient relationship exists, and if the injury would have occurred without treatment. The allegations suggest a potential dereliction of professional skill by Pinecrest, which is designated as a "developmental center" rather than a hospital. However, due to the limited information in the petition, it is unclear if expert testimony will be needed or if the incident was treatment-related, as it did not occur within a doctor-patient context but involved services provided by Pinecrest.

Developmental centers are tasked with planning and providing living options and services for individuals with developmental disabilities, as mandated by the relevant office. Pinecrest, under La.R.S. 28:451.4, is obligated to deliver a range of developmental disability services, which include, but are not limited to, support coordination, individual and family support, habilitation, and vocational services. These services cater to individuals whose disabilities significantly hinder their self-care, communication, learning, or mobility, requiring long-term, individualized care.

In the case of Mr. Bryant, it remains unclear if he actively sought treatment, as he claims he was forcibly taken to his room by staff members Green and Ford, where he alleges he was beaten. The defendants failed to provide evidence supporting their position regarding the first five Coleman factors, but the court emphasized the importance of the sixth factor, which pertains to allegations of intentional tortious conduct. According to La.R.S. 40:1237.1(9), individuals or entities cannot be classified as "state health care providers" if the injury results from gross negligence or intentional misconduct. The court defined "willful" as an act done knowingly and deliberately, indicating that intentional acts are excluded from the protection of the Act.

Mr. Bryant's claims of "excessive, unreasonable and unwarranted force" employed by Green and Ford qualify as intentional torts, thus not covered under the Act. The petition was filed within the one-year statute of limitations, meaning it was not premature nor prescribed. Consequently, the trial court's dismissal of Mr. Bryant's petition was found to be erroneous, leading to a reversal of the judgment and a remand for further proceedings. The defendants, including the State of Louisiana and various departments and individuals, are responsible for costs amounting to $2,659.71.