Louisiana Court of Appeals Rules Limits on Malpractice Damages Unconstitutional
The Louisiana Court of Appeals ruled last month that the state’s limits on malpractice damages violated the constitution. The Louisiana Medical Malpractice Act, which caps damages general damages at $500,000, was ruled to be unconstitutional on November 17, 2010 in Oliver v. Magnolia Clinic (WL 4703880).
The Olivers sued a registered nurse practitioner for failing to diagnose their daughter’s cancer. During the first 14 months of life, the Oliver’s daughter experienced repeated infections, persistent abdominal pain, vomiting, and anemia. She was seen exclusively by the nurse practitioner 32 times in the first twelve months of her life. Then came the second opinion: neuroblastoma.
The child survived the cancer, but her quality of life was severely diminished according to plaintiff experts. She is blind, has brittle bones, and has learning disabilities. A jury awarded the Olivers $6 million in general damages, $4 million in past and future medical expenses, and $233,000 for loss of consortium. Under the Louisiana Medical Malpractice Act, the jury’s award of $6 million in general damages was reduced to $500,000. With that, the Olivers appealed.
The Louisiana Court of Appeals found the reduction to be unconstitutional as the Act discriminated against severely injured plaintiff. “This case presents a compelling example of the most pernicious consequences of capping the liability of malpractice tortfeasors,” the court stated.
Louisiana joins a list of states that have found tort reform efforts unconstitutional. What the legislature gives, the courts can take away.
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It’s amazing that a Parole Board can let a murderer out of jail and when he murders again they are not held responsible. Their daughter had cancer which isn’t anybodys fault but the NP is held accountable.
These courts (like Congress) are filled with lawyers/liars so don’t expect them to rule against frivolous lawsuits. It’s their bread and butter.
It’s no wonder that lawyers are universally despised.
Patrick, yes, their daughter had neuroblastoma. However, that was not the issue. Had the NP “picked up” the warning signs, when Taylor was 6 months old (dark circles around the eyes), the outcome would have been different. If neuroblastoma is diagnosed within the first year of life, the child has a 90% chance of an event free survival. However, because the neuroblastoma diagnosis was made when Taylor was over one year old, the baby suffered permanent injuries, and her quality of life was severely diminished. The tumor advanced into her long bone, face, eyes, ears, skull and spine. Her head is abnormally large & misshapen. Her eyes are abnormally large, bulbous, and opaque with cataracts, rendering her legally blind. Her bones have become weakend and brittle, such that she cannot participate in common youth activities, and she struggles each day to overcome learning disabilities.
I cannot believe that the NP did not collaborate with the physician! She saw Taylor 32 times!!! Didnt something click in her head? Like I dont know what I am doing with this clearly very sick child????
Also, nothing here was mentioned that the NP’s DID NOT obtain any degree in nursing from an institution of higher learning, she was allowed to escape the more rigorous requirements enacted by statue with only a high school degree!!! She was “grandfathered in”.
Anna, NP Student