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Meseke v. St. Francis Medical Center10/26/2005
that "failure to render services timely and the handling of a patient, including loading and unloading of a patient" are examples of medical malpractice. Plaintiffs have alleged that defendant's employees failed to respond to calls for help and failed to transport plaintiff to the bathroom, which seems to be along the same general lines as "loading and unloading." It would appear, therefore, that plaintiffs' allegations are precisely the kind envisioned by the authors of the LMMA.
Conclusion
For the reasons set forth above, the judgment of the trial court denying the exception of prematurity is hereby REVERSED.
IT IS ORDERED, ADJUDGED, and DECREED that St. Francis Medical Center's exception of prematurity be granted. Costs are assessed to plaintiffs, Lucille Meseke, Gordon Meseke, Grace Battista, Gloria Galloway, Individually and on Behalf of Decedent, Erich Meseke.
REVERSED and REMANDED.
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