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Batson v. South Louisiana Medical Center12/22/2000
all defendants that "qualify" under the Malpractice Liability For State Services Act. The record reflects that the trial court ruled that the physical therapist defendants, specifically Louisiana Physical Therapy & Athletic Rehabilitation, Inc., Robert Rowe, and Leah Angelito, were state qualified health care providers. This ruling has not been assigned as error on appeal. Thus, with respect to the flexion contractures, the plaintiff has already recovered more than the statutory cap; the statutory cap awarded by the trial court for this aspect of the plaintiff's damages has been satisfied.
The State, however, argues that the plaintiff has recovered all damages the plaintiff is entitled to recover for Ms. Batson's three separate medical malpractice claims because she has recovered $1,636,949.91 plus interest and costs from the physical therapist defendants as the result of their settlement. However, the physical therapist defendants were only found to be at fault with respect to one of Ms. Batson's three separate injuries, the flexion contractures. The trial court award for flexion contractures was: $322,169.95 for past medical expenses; $900,000.00 for future medical expenses; and $500,000.00 for all other general and special damages (for a total of $1,722,169.95). Thus, the settlement only covered that aspect of Ms. Batson's injuries. In my opinion, the plaintiff is still entitled to recover the remaining damages for the other two separate aspects of Ms. Batson's injuries: (1) sepsis, hearing loss, brain injury , and incontinence; and (2) decubitus ulcers.
Therefore, I opine that the trial court's judgment in favor of plaintiff and against SLMC and the State of Louisiana, through the Department of Health and Human Resources (collectively appellants), should be amended to allow a credit in favor of SLMC and the State of Louisiana for the settlement Ms. Batson received from the physical therapist defendants with respect to the flexion contractures. In all other respects, the trial court's judgment should be affirmed and SLMC and the State of Louisiana should be held responsible for payment of the damages awarded for the other two separate aspects of Ms. Batson's injuries.
As to all other aspects of the opinion, I respectfully concur.
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