Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP

Just recently, the Louisiana State Supreme Court removed a potential hurdle to lawsuits alleging that hospitals lacked adequate evacuation plans before Hurricane Katrina, ruling that they should not be handled as medical malpractice claims. This ruling means that the case of Althea LaCoste, and possibly many more similar cases, won't need to detour through state review panels before trials can be scheduled. These reviews can take as long as a year. The ruling could also lead to more money for plaintiffs as the state has a $500,000 limit on malpractice awards but none in liability lawsuits.

LaCoste entered Methodist Hospital with her portable ventilator one day before Hurricane struck in 2005 and died before rescuers could reach the flooded building in eastern New Orleans. The hospital wanted the suit to go through malpractice proceedings, but the oversight board said the claims were not malpractice. Attorneys for both sides noted that the high court said the trial court will eventually decide whether the case is one of medical malpractice or negligence.

If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Philadelphia, please contact the Medical Malpractice Law Offices of Pomerantz Perlberger & Lewis today to schedule your initial consultation.