Opinion
No. 2023-CC-00830
06-17-2023
Ashley KELLER Wife of/and Jonah Keller v. TOURO INFIRMARY, Crescent City Physicians, Inc. and Jennifer Lapeyrolerie, M.D.
Writ application granted in part. See per curiam.
Hughes, J., concurs and assigns reasons.
PER CURIAM
Granted in part. We find the district court erred in excluding the opinion of the medical review panel. A medical review panel's opinion is subject to mandatory admission unless the panel exceeded its statutory authority. La. R.S. 40:1231.8(H) ; Valenzuela v. Danj , 2023-00198 (La. 5/16/23), 360 So.3d 473. Unlike the situation in McGlothlin v. Christus St. Patrick Hospital , 10-2775 (La. 7/1/11), 65 So.3d 1218, there is no indication the medical review panel found any inconsistencies in the evidence or made any credibility determinations. The medical review panel opinion is therefore admissible in its entirety.
We further find the district court erred in allowing defendants to only call one member of the medical review panel as a witness. La. R.S. 40:1231.8(H) is mandatory in nature, providing, "either party shall have the right to call, at his cost, any member of the medical review panel as a witness." [emphasis added].
Accordingly, the judgment of the district court is reversed insofar as it excludes the opinion of the medical review panel and limits defendants’ right to call members of the medical review panel as witnesses. In all other respects, the writ is denied. The case is remanded to the district court for further proceedings.
Hughes, J., concurs.
Ectopic pregnancy precautions? Pelvic rest? Can't anyone manage the words "Don't have sex"!