Gentry v. Biddle

Supreme Court of Louisiana

Gentry v. Biddle

860 So. 2d 1141, 2003 La. LEXIS 3596, 2003 WL 23019418

CourtSupreme Court of Louisiana

DecidedDecember 1, 2003

DocketNo. 2003-CC-3227

StatusPublished

This text of 860 So. 2d 1141 (Gentry v. Biddle) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gentry v. Biddle, 860 So. 2d 1141, 2003 La. LEXIS 3596, 2003 WL 23019418 (La. 2003).

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Opinion

In re Louisiana Patients Compensation Fund;- — Defendant; Applying for Supervi[1142]*1142sory and/or Remedial Writs, Parish of Cal-casieu, 14th Judicial District Court Div. D, No. 2000-2756; to the Court of Appeal, Third Circuit, No. CW 03-01549.

Granted. Although the settlement by the health care provider establishes proof of liability for the malpractice and for damages of at least $100,000, the plaintiff has the burden of proving that the admitted malpractice caused damages in excess of $100,000. Graham v. Willis-Knighton Med. Ctr., 97-0188 (La.9/9/97), 699 So.2d 365. The opinion of the medical review panel and testimony of the panel members is relevant and admissible for the purpose of allowing the Patients’ Compensation Fund to defend this claim. See La. R.S. 40:1299.47(H). Accordingly, the judgment of the trial court granting plaintiffs motion in limine is reversed.

KIMBALL, J., would deny the writ.

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In re Louisiana Patients Compensation Fund;- — Defendant; Applying for Supervi[1142]*1142sory and/or Remedial Writs, Parish of Cal-casieu, 14th Judicial District Court Div. D, No. 2000-2756; to the Court of Appeal, Third Circuit, No. CW 03-01549.

Granted. Although the settlement by the health care provider establishes proof of liability for the malpractice and for damages of at least $100,000, the plaintiff has the burden of proving that the admitted malpractice caused damages in excess of $100,000. Graham v. Willis-Knighton Med. Ctr., 97-0188 (La.9/9/97), 699 So.2d 365. The opinion of the medical review panel and testimony of the panel members is relevant and admissible for the purpose of allowing the Patients’ Compensation Fund to defend this claim. See La. R.S. 40:1299.47(H). Accordingly, the judgment of the trial court granting plaintiffs motion in limine is reversed.

KIMBALL, J., would deny the writ.

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Bluebook (online)

860 So. 2d 1141, 2003 La. LEXIS 3596, 2003 WL 23019418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gentry-v-biddle-la-2003.

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