Louisiana Nursing Home Management Suit Proceeds in Federal Court

A Louisiana nursing home failed to shake a suit alleging its mismanagement caused injuries that led to a patient’s death because the action wasn’t one for malpractice requiring presuit review, a federal court in the state said.

Wilgot Jacobsson, the patient’s son, can proceed with the case because it didn’t meet Lousiana’s six-part test for determining when an action “sounds in” medical malpractice, the U.S. District Court for the Middle District of Louisiana said.

The distinction is crucial, as state law requires all medical malpractice claims to be reviewed by a medical panel before being filed in court. A person’s ...