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Public Health Emergency: Legal Preparedness & Response

Hebert v. Louisiana Medical Mutual Insurance Company

Overview

Hebert v. Louisiana Medical Mutual Insurance Company (La. App. 3rd Cir., Oct. 26, 2022): A mother filed suit against a doctor, hospital, and hospital’s insurer after the mistreatment of her son’s strep throat resulted in amputation of both his legs, for gross negligence, willful misconduct, and intentional torts. Defendants argued that the mother’s claims were governed by the Louisiana Medical Malpractice Act (LMMA) and thus required initial review from a medical review panel, which the mother did not secure. In turn, she argued that, because her son’s treatment was provided during the COVID-19 pandemic, the Louisiana Health Emergency Powers Act (LHEPA), which does not require prior assessment by a medical review panel, preempted LMMA. A state court dismissed the case. On appeal, Louisiana’s Court of Appeals found that LEHPA did not supplant LMMA, and that pre-trial submission to a review panel was required. Read the full decision here.

View all cases in the Judicial Trends in Public Health – November 15, 2022.

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