A new ruling from the Louisiana Supreme Court could open up the state's hospitals to hundreds of lawsuits accusing them of negligence for not having better evacuation plans. The court held that such claims are not medical malpractice claims, a decision which allows people to pursue their suits without moving through a lengthy state review process. Also, since the claims have been ruled as not being med mal suits, plaintiffs aren't constrained by the state's med mal award limit of $500,000.
Right now, there are just under 200 claims which have been filed with the Louisiana Patient's Compensation Fund Oversight Board, and most likely, many other claims outstanding which aren't going through the Board's process.
To learn more about the lawsuits:
- read this Modern Healthcare piece [1]
Related Articles:
SPOTLIGHT: New Orleans hospitals may face lawsuits. Report [2]
Arrests made in Katrina euthanasia case. Report [3]
Tenet cleared of wrongdoing during Katrina. Report [4]
Louisiana groups plan for emergency pharma distribution. Report [5]
Links:
[1] http://www.modernhealthcare.com/apps/pbcs.dll/article?AID=/20070905/REG/309050009
[2] http://www.fiercehealthcare.com/story/spotlight-n-o-hospitals-may-face-lawsuits/2005-09-15?utm_source=related&utm_medium=internal
[3] http://www.fiercehealthcare.com/story/arrests-made-in-katrina-euthanasia-case/2006-07-18
[4] http://www.fiercehealthcare.com/story/tenet-cleared-of-wrongdoing-during-katrina/2006-03-16?utm_source=related&utm_medium=internal
[5] http://www.fiercehealthcare.com/story/l-groups-plan-emergency-pharma-distribution/2007-08-16