Negligence: Appellate Court Holds Transport Injury Is Medical Negligence Claim

June 1, 2015 | Health System Risk Management


​The Louisiana Third Circuit Court of Appeal affirmed a trial court's dismissal of ordinary negligence allegations against a defendant skilled nursing facility, finding that the claims merited presentation to a medical review panel under the Louisiana Medical Malpractice Act.

The plaintiff, a wheelchair-bound paraplegic, alleged that she was injured during van transport from a hospital to the skilled nursing facility when the van driver, a certified nursing assistant employed by the skilled nursing facility, negligently failed to use a motor vehicle restraint to secure her for transport in the van. The patient alleged that she fell backward and sustained injuries during...

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