Nursing Home Defense

Plaintiff alleged that he incurred severe injuries when a vehicle in which he was a passenger was driven off a roadway and struck a culvert. Plaintiff filed suit against the minor driver’s divorced parents separately and each parent’s individual insurer. Despite receiving notification that the policy was set to expire, the insured failed to renew the policy and the policy terminated at 12:01 a.m. on the morning of the accident – 48 minutes before the accident occurred. Motion for Summary Judgment on behalf of the defendant (client) insurer dismissing all claims with prejudice.

Currently defending nursing home, assisted living facility, and home care clients in various stages of litigation from the medical review panel to lawsuits against medical malpractice claims involving pressure ulcers, falls, improper transfer, burns, aspiration, and management of feeding tube.

Obtained numerous favorable medical panel review opinions on behalf of nursing home clients for claims involving pressure ulcers, improper transfer, falls, and various other claims.

Successfully argued that a claim for injuries incurred when a resident of a nursing home fell from her bed in the highest position sounded in medical malpractice, rather than intentional tort; thus the Medical Malpractice Act’s limitation of liability and requirement of presenting the claim to a medical review panel prior to filing suit applied. White v. Glen Ret. Sys., 50,508.

Successfully argued a claim against a nursing home for a resident catching on fire while on the facility’s smoking patio was one of medical malpractice, causing claim to be dismissed from federal court as premature.

Obtained dismissal of a nursing home resident’s discrimination claims under the Americans with Disabilities Act, Rehabilitation Act, and Fair Housing Act, where it was alleged that the nursing home only supplied a manual wheelchair and denied the resident use of a power wheelchair. A federal district court granted summary judgment in favor of the nursing home, finding that the decision to preclude power wheelchair use was made by the resident’s attending physicians, and not by the nursing home, so the nursing home could not have discriminated against the resident by carrying out physician orders. Collins v. New Orleans Home for Incurables, No. 15-1468, 2016 WL 6069646.

Obtained dismissal and successfully handled appeal in a claim against local rehabilitation hospital alleging that patient was dropped on the floor in the course of receiving physical therapy, where claim was found to be untimely filed. Babin v. Bethesda Rehab. Hosp., Inc., 2012-1089.

Defended nursing homes in injunctive proceedings brought by discharged residents. Successfully defeated request for issuance of temporary and preliminary restraining orders against facility which, if granted, would have ordered the facility to re-admit a resident who posed a threat to the safety of the facility’s staff and other residents.

Favorably resolved case on behalf of nursing home for alleged sexual assault by certified nurse aide.

Successfully collected outstanding amounts due to facilities for services rendered to residents in several cases.

Defense of 2 GYN surgeons following a total laparoscopic hysterectomy. Plaintiff alleged lack of informed consent as to all alternative therapies for the treatment of fibroids, perforation of the bowel, failure to run the entire bowel during surgery, failure to close the wound adequately at the site of an umbilical hernia, and misdiagnosis and/or delayed diagnosis of the bowel perforation. After a 2-day bench trial, the 25th Judicial District Court ruled in favor of all defendants, dismissing plaintiff’s action with prejudice.

Defense of a CRNA sued along with the anesthesiologist by the deceased patient’s surviving children, on a claim that the CRNA and the anesthesiologist improperly handled their mother’s induction, intubation and resuscitation, leading to anoxic encephalopathy and death. After a 5 day trial, the Jefferson Parish jury ruled in favor of all defendants, dismissing plaintiffs’ action.

Defense of an OBGYN alleged to have failed to timely identify and diagnose breast cancer, resulting in plaintiff’s having to undergo a total mastectomy. After a 4-day trial, the Jefferson Parish jury deliberated less than 2 hours before ruling in favor of the OBGYN and dismissing plaintiff’s action.

Defense of an anesthesiologist who had inadvertently placed a central line in the patient’s subclavian artery rather than in her subclavian vein, resulting in a stroke followed by death days later. The Acadia Parish jury deliberated for under an hour before ruling unanimously in favor of the anesthesiologist, dismissing plaintiffs’ action.

Defense of a general surgeon who performed a cholecystectomy which resulted in a severed bile duct. The Jefferson Parish jury deliberated for approximately 3 hours before ruling in favor of the general surgeon, dismissing plaintiff’s action.

Representation of a hospital in an EMTALA action wherein the plaintiff initially. alleged that he had been improperly discharged from the hospital ER without being medically screened and stabilized. After the District Court granted summary judgment, plaintiff argued on appeal that the trial court erred when it found that his claims were “standard of care issues” and when it failed to allow him additional discovery. The Court of Appeal found no error on the part of the district judge and affirmed the summary judgment.

Defense of a general surgeon who was alleged to have unnecessarily delayed in taking a patient to surgery and then alleged to have used improper surgical technique in attempting to decompress the patient’s colon. The patient expired during surgery and could not be revived. The St. Tammany Parish jury deliberated for under an hour before ruling in favor of the defendant surgeon, dismissing plaintiffs’ action.

Defense of a pediatric emergency medicine physician and pediatric hospital alleged to have failed to administer Tamiflu to a child, resulting in the child’s death from Influenza A H1N1 (swine flu). After a 5-day trial, the Civil District Court jury returned a verdict in favor of the physician and hospital.

Defense of an emergency medicine physician in an action brought by the parents of their major son who died following a methadone overdose. After a 3-day trial, the U.S. District Court jury returned a defense verdict.

Defense of an internist in an action brought by the children of the deceased patient based on their claim of failure to treat Methotrexate toxicity and aplastic anemia leading to death. After a 4-day trial, the Civil District Court jury returned a defense verdict.