BATON ROUGE — The Louisiana Supreme Court has affirmed the constitutionality of a state law that limits civil liability for healthcare providers during public health emergencies, rejecting a legal challenge against United Medical Healthwest-New Orleans LLC and United Medical Healthcare Inc.
The court ruled that La. R.S. 29:771(B)(2)(c)(i) is rationally related to a legitimate government interest, maintaining its gross negligence standard for provider liability during a declared emergency, according to an opinion issued on March 21 by the Louisiana Supreme Court.
The decision stems from a lawsuit filed by Kathleen Welch, who alleged that United Medical’s negligence caused severe pressure ulcers during her hospitalization in 2020.
Welch was first admitted to Tulane Medical Center in November 2019 for acute pancreatitis and diabetic ketoacidosis.
After her condition stabilized, she was transferred to BridgePoint Healthcare LA LLC for rehabilitation, where she developed pressure ulcers.
Following her discharge, Welch continued her care at United Medical Physical Rehabilitation Hospital, where her ulcers persisted.
She was released home in May 2020.
Welch filed a medical malpractice claim against BridgePoint and United Medical.
Because United Medical was not a qualified healthcare provider under Louisiana’s Medical Malpractice Act, she pursued a lawsuit directly against the hospital.
United Medical argued that under La. R.S. 29:771(B)(2)(c)(i), it could only be held liable for gross negligence or willful misconduct due to the ongoing COVID-19 public health emergency.
Welch’s complaint alleged ordinary negligence, prompting United Medical to file for dismissal.
While the trial court granted the motion to apply the gross negligence standard, it declined to rule on the constitutionality of the statute.
Welch appealed, and the appellate court upheld the trial court’s application of the gross negligence standard.
However, it remanded the case to address Welch’s constitutional challenge.
Upon remand, Welch argued that the statute violated her due process rights and denied her an adequate legal remedy.
She further claimed that the law was overly broad and resulted in unjust consequences.
The Louisiana Attorney General intervened, defending the law’s validity and asserting its role in protecting healthcare providers operating under emergency conditions.
The trial court ultimately upheld the statute's constitutionality.
Welch appealed again, leading to the Louisiana Supreme Court's review.
In its ruling, the court emphasized the strong presumption of constitutionality for laws serving a public purpose.
Citing the unprecedented challenges posed by the COVID-19 pandemic, the court found the gross negligence standard to be a rational means of supporting the healthcare system while balancing the risk of legal liability.
The court rejected Welch’s claims of overbreadth, noting that the doctrine is typically limited to First Amendment cases. The judges also dismissed concerns of hypothetical, absurd consequences, emphasizing that the law applied uniformly to all healthcare providers during the emergency.
"The wisdom of the legislature's decision is not within our purview," the court stated. "Our role is to assess the constitutionality of the statute, which we find to be both legally sound and aligned with the state’s interests."
United Medical Healthwest-New Orleans and United Medical Healthcare did not respond to requests for comments.
Supreme Court of Lousiana case number: 2024-CC-00899