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Louisiana Medical Malpractice Cases

Constitutionality of LA Tort Reform - Medical Review Panels - Everett v. Goldman, 359 So.2d 1256 (La. May 22, 1978)

What was the procedural problem with the Supreme Court reviewing the lower court's order?

Why did the court grant the review in the face of this problem?

What did the court say about advisory opinions?

What is the plaintiff's claim that underlies this case?

How much did she sue for?

What two things did plaintiff do that were contrary to the statute?

What did defendant plead that this did to plaintiff's case, and what remedy did he ask for?

What four things in the Act did the trial judge declare unconstitutional?

Why did the state pass the law?

Who does the act cover?

Are they automatically covered?

What if they do not qualify?

How could this happen?

How do they qualify for the act?

What is the cap?

How much is the doc or the private insurer liable for?

Who pays the rest?

We will read more about this in a later case.

What happens if the fund is broke?

Why did the act prohibit the ad damnum clause?

How does the plaintiff get the value of the damages before the jury?

What is the medical review panel?

What is the rationale for a medical review panel?

Is it jurisdictional, i.e., when do you file your lawsuit?

How are the members chosen?

Is there oral testimony?

Is discovery allowed?

Can the parties question the panel members?

May the panel consult experts themselves?

What are the panel's options for rendering an opinion?

Does the panel assess damages?

Are the findings binding?

How may the panel's report be used as evidence?

How will it be treated by the court?

How will the panel's rulings affect settlement?

There are limits on claims against state employees as well, but these will be explored later.

What were the two provisions that were actually raised in the plaintiff's pleadings?

What is the equal protection challenge?

Are patients of qualified physicians a suspect?

Does the Act affect a fundamental right?

What test do you use for differential treatment when there is no suspect class or compelling state interest?

Does the ban on the ad damnum clause limit a plaintiff's damages?

How does the required panel review affect the plaintiff?

Are there potential benefits for the plaintiff?

What is the LA test for substantive due process?

Does this look like the test for equal protection?

What is the Open Court's provision of the LA constitution?

Does the act prevent the plaintiff from going to court?

Does the act change the role of the judge and jury in determining factual questions?

What about the constitution bar on special laws?

Is there a quid pro quo provision in the constitution?

 

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