Opinion
NO. 2019 CW 0609
11-25-2019
SERGIO TAPIA v. ST. TAMMANY PARISH HOSPITAL, AND ITS ADMINISTRATORS, AGENTS, EMPLOYEES AND STAFF, 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 credentialing and 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. Hosp. Auth., 2016-0846 (La. 10/19/16), 218 So.3d 513, 519 n. 9 (citing Plaisance v. Our Lady of Lourdes Reg'l Med. Ctr., Inc., 2010-348 (La. App. 3d Cir. 10/6/10), 47 So.3d 17, 21, writ denied, 2010-2520 (La. 1/14/11), 52 So.3d 904). The trial court's February 19, 2019 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 /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT