LSMS MEMBERS APPOINTED TO LOUISIANA PATIENTS COMPENSATION FUND (PCF) OVERSIGHT BOARD
David M. Broussard, M.D Robert “Reece” Newsome, M.D.
MEDICAL REVIEW PANELS GROSS NEGLIGENCE STANDARD OF CARE Governor John Bel Edwards recently appointed Robert “Reece” Newsome, M.D., a Radiologist from Baton Rouge and David M. Broussard, M.D., an Anesthesiologist from Metairie each to a four-year term on the Louisiana Patients Compensation Fund (PCF) Oversight Board. This will be the first term for each. Dr. Newsome and Dr. Broussard join Luis M. Alvarado, M.D. (Internal Medicine – Mandeville) and Christopher M. Foret, M.D. (Family Medicine – Folsom) on the PCF Board where Dr. Foret currently serves as the current Chairman. ■
On November 18th, the Fifth Circuit issued this opinion denying plaintiff’s writ in the matter of In Re: Medical Review Panel Proceeding of Kathleen Welch . The court upheld Judge Schlegel’s grant of defendant’s motion and stated that the LHEPA “governs the standard of care for acts of malpractice by health care providers operating under a declared state of public health emergency” inferring that it is a modified or heightened standard of care. This supports the physician community’s arguments versus the suggestion from plaintiffs that the LHEPA merely offers an affirmative defense to be pleaded post-panel. There is another writ as well as an appeal pending relative to the non-qualified defendants. The LSMS is following these cases closely and will continue to provide you with the latest information as it becomes available. ■ Please contact Lauren Bailey, VP of Legal Affairs for additional information
There has been significant discussion and litigation relative the appropriate standard of care applicable during a declared state of public health emergency. Efforts by the physician community defense bar to seek a ruling that the panel chairs must instruct the panelists in the modified gross negligence standard under the LHEPA are ongoing. You may recall the letter brought to your attention in the November issue of Capsules which was sent by the Louisiana Association for Justice to medical review panel chairs stating that they are not inclined to use attorney chairpersons who intend to allow the medical review panels to apply the qualified immunity provisions of the Louisiana Health Emergency Powers Act, La. R.S. 29:771(B) (2)(c).
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14 J LA MED SOC | VOL 173 | WINTER 2021
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