Opinion
NO. 2015 CW 0817
08-26-2015
RICHARD DUPUY AND HIS WIFE, MELISSA DUPUY v. NMC OPERATING COMPANY, L.L.C. d/b/a THE SPINE HOSPITAL OF LOUISIANA, formerly, THE NEUROMEDICAL CENTER HOSPITAL
In Re: NMC Operating Company, L.L.C, d/b/a The Spine Hospital of Louisana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 634,752. BEFORE: PETTIGREW, McDONALD, AND THERIOT, JJ.
WRIT DENIED.
MRT
JTP
McDonald, J., dissents and would grant the writ. One of the obligations of a hospital to a patient is to provide clean and sterile facilities; thus, the allegations contained in paragraph 2A constitute medical malpractice, and should be reviewed by a medical review panel prior to being filed in civil court. La. R.S. 40:1299.47(A); See Cashio v. Baton Rouge Gen. Hosp., 378 So.2d 182 (La. App. 1st Cir. 11/12/79). Thus, I would reverse the trial court's judgment, and dismiss the first supplemental and amended petition for damages in its entirety as to NMC Operating Company, L.L.C. d/b/a The Spine Hospital of Louisiana. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT