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Nash v. Brown3/16/2005
WRIT GRANTED.
This issue before this court results from defendants' alleged delay in performing administrative dutieswhich prevented plaintiff from commencing physical therapy. Plaintiff claims that this delay exacerbated a pre-existing condition. The trial court ruled that this matter falls within the purview of the Medical Malpractice Act. We are called upon to review that determination. We find that this matter is not subject to the Medical Malpractice Act and reverse the trial court.
FACTS
Plaintiff suffered a nerve injury in 1998 resulting in nearly complete paralysis of his right lower leg and foot. After a nerve graft procedure, plaintiff's condition began to improve. On January 8, 2002, he visited Dr. David Brown for examination of an ulcer on his right foot. That same day the ulcer was accurately diagnosed as a pressure ulcer and physical therapy and a pressure controlled boot were ordered for treatment. On the following day, plaintiff contacted the physical therapist to begin treatment but was told that he would have to wait. Dr. Brown's office had to obtain payment approval before the therapist would commence treatment. Dr. Brown's office did not take the administrative steps necessary to secure payment for plaintiff's physical therapy until February 6, 2002 when the worker 's compensation adjuster for plaintiff's employer contacted defendant.
Due to the failure to act by Dr. Brown's office, plaintiff did not begin physical therapy until one month after the treatment was ordered. Plaintiff alleges that this delay caused the ulcer to double in size resulting in more extensive therapy. Instead of taking a few months to recover, plaintiff spent nearly an entire year on crutches. Plaintiff further claims that this extended period of time spent on crutches caused muscle atrophy and slowed the improvement in his overall condition. Basically, the improvement in plaintiff's condition was retarded because this extended period of time spent on crutches hindered the therapeutic benefits of the aforementioned nerve graft procedure. This setback, plaintiff argues, prevented him from undergoing an additional surgical procedure in November 2003 and destroyed the chance of restoring additional nerve function to his partially paralyzed leg.
PROCEDURAL HISTORY
Plaintiff filed suit in district court and defendants then filed an exception of prematurity arguing that plaintiff's claim is based in malpractice and should have been submitted to a Medical Review Panel. Plaintiff agreed to proceed to the panel but reserved his right to challenge the applicability of the Medical Malpractice Act. Plaintiff eventually filed a Motion to Dissolve the Panel. This motion was denied and plaintiff sought supervisory writs.
ASSIGNMENT OF ERROR
1) The trial court erred in concluding that defendants' failure to timely request payment approval for treatment by a different health care provider, which resulted in delayed treatment by the second health care provider, is covered by Louisiana's Medical Malpractice Act.
STANDARD OF REVIEW
When reviewing questions of law, appellate courts are to determine if the trial court's ruling was legally correct or not. Cleland v. City of Lake Charles, 02-0805 (La.App. 3 Cir. 5/5/03), 840 So.2d 686, writ denied, 03-1380 (La. 9/19/03), 853 So.2d 644.
DISCUSSION
The Medical Malpractice Act (hereinafter referred to as "MMA") was enacted in 1975 as a response to a "perceived medical malpractice insurance 'crisis.'" Williamson v. Hosp. Serv. Dist. No. 1 of Jefferson, 04-0451 (La. 12/1/04), 888 So.2d 782, 785, quoting Hutchinson v. Patel, 93-2156 (La.
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