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Guide to Coleman v. Deno, 813 So.2d 303 (La. 2002)

When did plaintiff first see a physician?

What was his complaint then?

Were any tests run?

What was Dr. Sherman's diagnosis?

What was done with plaintiff?

Was this reasonable based on the information provided by the plaintiff?

What information was available to Dr. Sherman that could/should have alerted him to problems?

When did he return to the hospital?

How  many hours elapsed?

What was the condition of his arm at this time?

What does this tell us about the progression of the injury?

What has the plaintiff been lying about?

What was the original treatment plan?

What test changed Dr. Deno's mind?

What was the new plan?

What was the financial reason for transfer?

What was the medical reason?

Does that make sense?

Did JESH usually treat this condition?

What is the financial situation of most folks with this condition?

Was the transfer accepted at Charity?

Why is this critical for EMTALA?

Why didn't Dr. Deno load plaintiff up with antibiotics at this point?

How long a delay did he anticipate in plaintiff getting to CHNO?

How was plaintiff transferred?

Would this meet EMTALA standards?

What was the rationale for this mode of transfer?

Was that reasonable?

What did plaintiff do that screwed up the transfer?

Did Dr. Deno have reason to know that plaintiff was not reliable?

Was he treated immediately on arriving at CHNO?

Was CHNO on notice of plaintiff's condition and the necessity of quick treatment?

Was plaintiff still lying about his condition?

How many hours passed before treatment was started?

What consult was ordered on June 10th?

How long after admission was this consult done?

Did Dr. Redmond, the consultant's description of the patient's arm match that of the treating physician?

How many hours elapsed until surgery?

What did Dr. Redmond find at surgery?

What was the only course of action at this point?

What did the infection cause that destroyed the arm?

Did plaintiff go through the medical review panel?

What was its findings?

What were the pre-trial settlements?

What exception did Dr. Deno file on the second day of trial?

What is a possible strategic reason for waiting this long to file it?

What was the judge's ruling?

What was the jury award and how did it allocate fault?

Who was really at fault?

Why no allocation of fault?

What did the trial court order as to Dr. Sherman?

What was the finding as to future medical care?

What is the significance of this finding?

What was done with the remaining award against Dr. Deno?

What additional tort did the appeals court find?

How did this change the damage award?

What did it say was the reason that Dr. Deno got all of the liability?

What did the dissent find about the fault of CHNO?

How would they have allocated fault?

Does a settlement affect allocation of fault?

There are rules on the credits for settlements, but we are not reviewing them.

How did the LA SC characterize the "intentional tort of improper transfer/patient dumping"?

Did plaintiff plead or put on proof for an intentional tort?

What was the effect of the exception and order about EMTALA on this claim?

Does the LA anti-dumping law provide a private cause of action?

How does this case differ from Spradlin?

What did the  Court in Spradlin say about whether hospitals practice a profession?

How does this affect whether the medical malpractice act applies?

What is the definition of malpractice?

What are the three factors that determine whether a tort is covered by the MMA?

What did the ALR add:

What is the result of applying these factors to plaintiff's claim?

What was the similar reasoning rejected in Bolden?

Why is the need for expert testimony one of the factors in the MMA analysis?

Was there an assessment of the patient's condition?

Was there a physician-patient relationship?

Would the injury have occurred if the patient had not sought treatment?

Does this make any sense in this case?

What would the result have been if plaintiff had not sought treatment?

Is there any evidence of an intentional tort?

What would you need to show to make out an intentional tort in a case like this?

What did the court conclude?

What facts did the court look at in upholding the JNOV against Sherman?

What did Dr. Blaylock say about Dr. Deno should have done?

What did Dr. Crane say that should have been done?

How might the testimony have different had CHNO been before the jury?

What did the dissenting judge say is in the record about CHNO?

What did the SC look to in assigning fault to CHNO?

What fault did the SC assign to CHNO?

Justice Knoll, in partial dissent, lays out the case for allocating the fault to plaintiff and to CHNO.

 

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