Medical review panels in Louisiana tasked with determining if medical malpractice plaintiffs have viable cases can’t be asked to weigh in on whether a health-care provider is immune from suit under the state’s Covid-19 public health emergency law.
Deciding a case of first impression, the Louisiana Court of Appeals for the Fourth Circuit determined that statutory immunity may be raised only as an affirmative defense to a lawsuit. It “would be procedurally incorrect to insert the concepts of gross negligence and willful misconduct"—which are exempt from immunity—into a medical review panel proceeding, the court said.
The decision sheds light on ...