Sergio Tapia v. St. Tammany Parish Hospital, and its Administrators, Agents, Employees and Staff, and Mark Dominguez, M.D.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SERGIO TAPIA NO. 2019 CW 0609

VERSUS

ST. TAMMANY PARISH HOSPITAL,

AND ITS ADMINISTRATORS, AGENTS, EMPLOYEES AND STAFF, NOV Z 5 2019 AND MARK DOMINGUEZ, M. D.

In Re: St. Tammany Parish Hospital, applying for supervisory writs, 22nd Judicial District Court, Parish of St.

Tammany, No. 2017- 14995.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The plaintiff' s claims that the relator, St.

Tammany Parish Hospital, failed to take action to prevent Dr. Mark Dominguez from operating on hospital patients involves the relator' s " training and supervision of health care providers"

and therefore those claims sound in medical malpractice. See Matranga v. Par. Anesthesia of Jefferson, LLC, 2017- 73 ( La. App. 5th Cir. 8/ 29/ 18), 254 So. 3d 1238, writ denied, 2018- 1561 ( La. 2/ 18/ 19), 265 So. 3d 772. Furthermore, even considering the plaintiff' s allegation that the relator " failed to establish by- law and rules regarding the credentialing of physicians, and/ or

failed to follow the rules of by- laws in place," this case

contains mixed allegations of negligent and credentialing negligent supervision, and the plaintiff was therefore required

to submit his claims to a medical review panel prior to filing suit. See Billeaudeau v. Opelousas Gen. Auth., 2016- 0846 Hosp. La. 10/ 19/ 16) , 218 So. 3d 513, 51. 9 n. 9( citing Plaisance v. Our Lady of Lourdes Reg11 Med. Ctr., Inc., 2010- 348 ( La. App. 3d Cir. 1016/ 10), 47 So. 3d 17, 21, writ denied, 2010-- 2520 ( La. 1/ 14/ 11), 52 So. 3d 904). The trial 19, 2019 court' s February judgment is reversed, the relator' s exception of prematurity is granted, and the plaintiff' s action against the relator is dismissed without prejudice.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

V DEPUTY LERK OF COURT FOR THE COURT