Opinion
2023 CW 0693
08-29-2023
MARIA NUNLEY v. COMMCARE CORPORATION
CommCare Corporation, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2022-12599.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRIT DENIED.
GH
EW
Welch, J., dissents and would grant the writ application. I find the allegations in the petition regarding the defendant's failure to restrain plaintiff's mother properly in her wheelchair, which disregarded the instructions of a hospice nurse, constitute medical malpractice. See Thomas v. Nexion Health at Lafayette, Inc., 2014-0609 (La. App. 3d Cir. 1/14/15), 155 So.3d 708, 713, writ denied, 2015-0311 (La. 4/24/15), 169 So.3d 359. Therefore, the plaintiff, Maria Nunley, must first bring her claims before a medical review panel. La. R.S. 40:1299.47 (A) (1) (a). I would therefore reverse the trial court's June 13, 2023 judgment, grant the exception of prematurity filed by the defendant, CommCare Corporation, and order the plaintiff, Maria Nunley, to bring her claims before a medical review panel.