Bloomberg Law
March 7, 2023, 7:49 PM

Louisiana Medical Review Panel Not Required to Consider Immunity

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

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 ...