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Williamson v. Hospital Service Dist. No. 1 of Jefferson12/1/2004
ntional.
As the court of appeal found, there is no allegation that the tort allegedly committed by the health care provider or its employee was intentional.
CONCLUSION
In derogation of the general rights of Louisiana tort victims, the Medical Malpractice Act grants qualified health care providers certain limitations on liability for unintentional torts that constitute medical malpractice as defined in the Act. With the assistance of the factors we set forth in Coleman v. Deno, we have applied the Act's definition of medical malpractice to the allegations set forth in the plaintiff's petition as supplemented and amended, and we conclude that the claims therein do not fall within the provisions of the MMA. Accordingly, because no submission of the claim to a medical review panel was required by the Act, the lower courts erred in sustaining the defendant's exception of prematurity and dismissing the plaintiff's action. Therefore, the rulings of the lower courts are reversed and this matter is remanded to the district court for further proceedings.
REVERSED AND REMANDED
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