MONROE – A woman who sued a nurse practitioner and her employer over the death of her husband can’t avoid the requirements of a medical malpractice lawsuit by claiming her allegations rose to the level of gross negligence.
The Louisiana Second Circuit Court of Appeal on Aug. 10 ruled against Sara McDowell, the widow of Hartley Duncan, in her case against June Roderick and Provider Health Care Services. She sued the two, plus Garden Court Health and Rehabilitation, in Bossier Parish District Court.
Duncan died on Aug. 29, 2020, after transfer from Garden Court to Willis Knighton Bossier. He was suffering from dehydration, renal failure, urinary tract infection and septic shock. A stroke had landed him at Garden Court months earlier.
PHS and Roderick argued the allegations against them sound in malpractice and thus must be reviewed by a medical review panel before the lawsuit is allowed to proceed under Medical Malpractice Act rules.
McDowell’s lawyers at Kosmitis Bond argued the conduct they alleged – which included allowing Duncan to become dehydrated, malnourished and infected – was outside the scope of the definition of medical malpractice.
They said Roderick and PHS committed gross negligence and willful disregard, but the trial court judge said, “I just think if you take it overall, the whole – the whole thing – it still sounds of malpractice.”
“Considering the nature of the allegations set forth in plaintiff’s petition, and the factors set forth in Coleman… we find the acts allegedly committed by Roderick, i.e., she failed to adequately assess, consider, and treat the decedent’s nutritional and hydration status, arose from medical treatment with regard to the decedent’s medical condition(s) and the assessment thereof,” the Second Circuit wrote.
“Consequently, we find the acts were ‘treatment related’ or caused by a dereliction of professional skill.”