Louisiana’s Special Medical Case Rules Apply Despite Covid Order

Louisiana medical malpractice plaintiffs suing for injuries that allegedly occurred during the Covid-19 pandemic failed to revive a suit dismissed for noncompliance with special pleading rules that governed their claims, a state appeals court said.

A public health emergency declaration granting providers immunity from liability for ordinary negligence didn’t change the Louisiana Medical Malpractice Act’s requirements as to allegations of gross negligence or willful misconduct against private providers, the Louisiana Court of Appeals, Third Circuit, said.

Caffrey Whitehead’s pediatrician diagnosed an ear and upper respiratory infection on March 11, 2020. The one-year-old’s conditioned worsened, and his mother took him to ...