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Gentry v. Biddle11/2/2005
failed to obtain a surgical consult on February 2, as the medical review panel found. Thus, damages due to malpractice did not begin to accrue until February 2, and the PCF should have been allowed to offer testimony that most of the damage was already done by the time the malpractice occurred.
It is well established that the PCF cannot contest liability once a qualified healthcare provider has tendered payment of $100,000.00. La.R.S. 40:1299.44(C)(5); Graham v. Willis-Knighton Medical Center, 97-188 (La. 9/9/97), 699 So.2d 365. Further, once the trial court approves the settlement between the plaintiff and the qualified healthcare provider, it may not be appealed. La.R.S. 140:1299.44(C)(6). Essentially, the PCF is attempting to appeal the settlement. As we have no jurisdiction to reconsider the settlement, this assignment of error lacks merit.
The second assignment of error concerns the trial court's ruling limiting evidence in this case. Gentry filed a motion to order the PCF to refrain from introducing evidence that the statutory admission of liability was limited to the acts found to be malpractice by the medical review panel. The PCF filed a motion to prohibit Gentry from introducing any evidence regarding the admitted liability of Dr. Biddle except for the failure to obtain a surgical consult in a timely manner. The trial court granted Gentry's motion and denied the PCF's. The PCF sought supervisory writs from this court, which were denied. Gentry v. Biddle, an unpublished writ disposition bearing docket number 04-798 (La.App. 3 Cir. 6/15/04). The supreme court also denied a writ of certiorari. Gentry v. Biddle, 04-1509 (La. 6/16/04), 876 So.2d 787. The PCF now asks us to review that ruling. Gentry asserts that the previous rulings on this issue are the law of the case and should not now be reversed.
This court explained the doctrine of "law of the case" in Griggs v. Riverland Medical Center, 98-256 (La.App. 3 Cir. 10/14/98), 722 So.2d 15, 19, writ denied, 99-0385 (La. 5/28/99), 735 So.2d 622:
The "law of the case" doctrine applies to prior rulings of the appellate court and/or supreme court in the same case. It applies to parties who were involved in the litigation at the time of the prior ruling and had their day in court. The doctrine provides that "an appellate court ordinarily will not reconsider its own rulings of law in the same case." Sharkey v. Sterling Drug, Inc., 600 So.2d 701, 705 (La.App. 1 Cir.), writs denied, 605 So.2d 1099, 1100 (La.1992). The purposes of the doctrine are to avoid litigating the same issue again, promote consistency of result within the case, promote essential fairness to the parties, and judicial efficiency. Cree Oil Co. v. Home Ins. Co., 94-1219 (La.App. 3 Cir. 3/8/95); 653 So.2d 620, writ denied, 95-1554 (La. 9/29/95); 660 So.2d 875. The "law of the case" is discretionary, being inapplicable to cases in which the prior decision was palpably erroneous or its application would result in manifest injustice. Willett v. Premier Bank, 97-187 (La.App. 3 Cir. 6/4/97); 696 So.2d 196.
Given the discretion afforded trial courts in evidentiary rulings, we find no palpable error in the previous ruling of this court. We find the doctrine of "law of the case" to be applicable, and find the assignment of error lacks merit.
The PCF's final assignment of error is a reargument of the first in the context of a denial of a motion for summary judgment. Just as the first assignment of error lacks merit, this assignment of error lacks merit.
Gentry filed an answer to the appeal, seeking an increase in the general damage award. The Louisiana Supreme Court set forth the standard for appellate review of a trial
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