Opinion
No. 2023-CC-00198.
05-16-2023
Lucia VALENZUELA and Saul Vazquez Individually and on Behalf of Their Deceased Daughter Luz Briana Vazquez v. Dr. Farnaz Almas DANJ, The Medical Protective Company, and Lakeview Regional Medical Center.
Applying For Supervisory Writ, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 622254, Court of Appeal, First Circuit, Number(s) 2022 CW 1295.
Writ application granted. See per curiam.
PER CURIAM.
Writ granted. The trial court erred by granting the motion to exclude the medical review panel's opinion based on evidence the defendant was occasionally supervised by one or more of the panel members during her medical residency. A medical review panel's opinion is subject to mandatory admission unless the panel exceeded its statutory authority. See La. R.S. 40:1231.8H; Sanderson v. Tulane University Hospital and Clinic, 18-0588 (La. 6/15/18), 245 So.3d 1043 (per curiam); McGlothlin v. Christus St. Patrick Hospital, 10-2775 (La. 7/1/11), 65 So.3d 1218, 1226-30. "Plaintiff[s] will have an adequate opportunity to explore any potential bias on the part of the panel member[s] through cross examination, and the trier of fact may assign any appropriate weight to the opinion in light of such testimony." Sanderson, 245 So. 3d at 1043; see also McGlothlin, 65 So. 3d at 1227 ("[A]s with any expert testimony or evidence, the medical review panel opinion is subject to review and contestation by an opposing viewpoint.") To the extent it held otherwise, Fanguy v. Lexington Ins. Co., 13-0114 (La. 4/1/13), 110 So.3d 127 (per curiam) was implicitly overruled by Sanderson and is expressly overruled herein. The trial court's judgment granting the motion to exclude is reversed, and this matter is remanded for further proceedings.