200 So. 3d 972 - Truxillo v. Thomas’s Empirical Analysis
2016
Citation profile
3 state decisions
Relationships
Relies on Giroir v. South Louisiana Medical Center, Division of Hospitals · 758 So. 2d 116 - Spradlin v. Acadia-St. Landry Med. Found. · McGlothlin v. Christus St. Patrick Hospital · 763 So. 2d 575 - Guitreau v. Kucharchuk · 397 So. 2d 791 - Derouen v. Kolb
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]ll persons claiming to have sustained damages as a result of injuries to or death of any one patient are considered a single claimant.”
3 later decisions quote this exact passage“There are no cases which address the specific issue with which we are presented; however, we find nothing in the Louisiana Medical Malpractice Act ("MMA") that requires that all parties who may potentially have a claim against a health care provider invoke a medical review panel proceeding. To the contrary, the purpose of the MMA, together with the MMA's express provisions and our jurisprudence interpreting it, leave no doubt that a medical review panel request need not be invoked by each and every person who may ultimately have a claim in medical malpractice. To hold otherwise would allow for the filing of multiple medical review panels by separate claimants for the same claims. This could result in numerous and varied medical review panel decisions, which, in turn, could result in more than one applicable prescriptive period for initiating suit, an untenable result. As discussed more fully herein, we find that the suspension of the time period for filing suit, triggered by the filing of a medical review panel request, accrues to the benefit of all persons who have claims arising out of the alleged medical malpractice, including those who did not participate in requesting the medical review panel.”
2 later decisions quote this exact passage“The review panel process, therefore, is 'designed to weed out spurious medical malpractice claims.' The requirement that all claims be submitted to a medical review panel prior to the filing of a lawsuit is clearly designed to evaluate the facts allegedly giving rise to the malpractice claims from the perspective of the health care providers. Indeed, the medical review panel's 'sole duty [is] to express its expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care.' '[N]o findings are made by the panel as to damages, and the findings of the medical review panel are not binding on the litigants.' (citations omitted) (emphasis in original).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.