{"id":480,"date":"2015-12-02T10:00:16","date_gmt":"2015-12-02T16:00:16","guid":{"rendered":"http:\/\/www.chicagonursinghomelawyersblog.com\/?p=480"},"modified":"2015-12-02T06:41:53","modified_gmt":"2015-12-02T12:41:53","slug":"state-supreme-court-finds-that-nursing-home-abuse-case-was-filed-properly-and-was-not-applicable-to-the-medical-malpractice-act","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/nursing-home-lawyer\/state-supreme-court-finds-that-nursing-home-abuse-case-was-filed-properly-and-was-not-applicable-to-the-medical-malpractice-act\/","title":{"rendered":"State Supreme Court Finds That Nursing Home Abuse Case Was Filed Properly and Was Not Applicable to the Medical Malpractice Act"},"content":{"rendered":"

In an interesting Louisiana Supreme Court case, it was held that in the matter of Lessie Porter, a nursing home resident at Southern Oaks Nursing & Rehabilitation Center<\/a>, her abuse and treatment by a nursing home nurse was not a medical malpractice issue under the state\u2019s Medical Malpractice Act. The court ruled that the treatment was not such that mandated the case to be handled under the Louisiana Medical Malpractice Ac<\/a>t, La. Rev. Stat. Ann. \u00b6 40: 1299.41.<\/p>\n

In this matter, Porter, the nursing home resident, on one particular evening began leaving her room by crawling down a hallway. The attending nurse became frustrated and asked several nursing assistants to drag Lessie to her bed. Lessie was then dragged across a brick floor and injected with a tranquilizer.<\/p>\n

Before she\u00a0died, she sued the nursing home for her injuries claiming negligence, breach of contract and breach of the state\u2019s nursing home resident\u2019s bill of rights. The nursing home moved for summary judgment claiming that the claim brought by Porter fell under the Louisiana Medical Malpractice Act (MMA) which required involvement of a medical review panel. Lessie\u2019s family also moved for partial summary judgment. The trial judge ruled in favor of her family holding that her claims were not medical treatment related.<\/p>\n

Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In an interesting Louisiana Supreme Court case, it was held that in the matter of Lessie Porter, a nursing home resident at Southern Oaks Nursing & Rehabilitation Center, her abuse and treatment by a nursing home nurse was not a medical malpractice issue under the state\u2019s Medical Malpractice Act. The court ruled that the treatment […]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[18,4,16],"tags":[],"class_list":["post-480","post","type-post","status-publish","format-standard","hentry","category-assisted-living-facilities","category-nursing-home-abuse","category-nursing-home-negligence"],"yoast_head":"\nState Supreme Court Finds That Nursing Home Abuse Case Was Filed Properly and Was Not Applicable to the Medical Malpractice Act — Chicago Nursing Home Lawyers Blog<\/title>\n<meta name=\"description\" content=\"In an interesting Louisiana Supreme Court case, 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