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Louisiana Medical Malpractice

Guide to Ginn v. Woman's Hospital Foundation, Inc., 842 So.2d 338 (La. 2003)

When was plaintiff injured?

What was her injury?

When did she discover the injury?

What was the alleged negligence?

What is not covered by the MMA?

Why?

What was covered by the MMA?

What is the prescription issue?

It is not clear that defendants would have lost this case, see: David v. Our Lady of the Lake Hospital, Inc., 849 So.2d 38 (La. 2003).

Was there a medical review panel opinion?

What was the settlement with the hospital?

Who paid it?

What did plaintiff want from the PCF?

Why did the PCF say that the settlement did not create a presumption of liability?

Why does it matter whether the settlement is paid by an insurer or self-insured defendant, rather than an insurance company?

What is the court worried about when settlements are paid directly by the defendant?

What is the procedure for filing a claim against the PCF?

What does the court hearing to approve a settlement determine?

What is the duty of the insurer or self-insured provider to the PCF?

How is settlement of less than $100,000 different from one for $100,000 as regards the fund?

Does the hospital defendant have an insurer?

Why do you think the insurer is not paying?

Why should the PCF care?

What issue does the court raise, but not decide because the parties did not raise it?

What did the SC rule about the settlement binding the fund?

What if the hospital had been self-insured?

Is it really the insurer's duty the court is worried about?

Is the court most worried that there was an insurer who refused to pay?

 

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