Belcher v. Lopinto, 18-7368. (2019)
Court: District Court, E.D. Louisiana
Number: infdco20190211a86
Visitors: 11
Filed: Feb. 08, 2019
Latest Update: Feb. 08, 2019
Summary: ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . Before the Court is a Motion to Dismiss (Doc. 17) by Defendants CorrectHealth Jefferson, LLC ("CorrectHealth") and Ironshore Specialty Insurance Company ("Ironshore"). Defendants argue that "the Louisiana Medical Malpractice Act applies to Plaintiffs' claims" against them, and that such claims should be dismissed as premature because of Plaintiffs' failure to comply with certain requirements of the Act. 1 In both their Complaint an
Summary: ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . Before the Court is a Motion to Dismiss (Doc. 17) by Defendants CorrectHealth Jefferson, LLC ("CorrectHealth") and Ironshore Specialty Insurance Company ("Ironshore"). Defendants argue that "the Louisiana Medical Malpractice Act applies to Plaintiffs' claims" against them, and that such claims should be dismissed as premature because of Plaintiffs' failure to comply with certain requirements of the Act. 1 In both their Complaint and..
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ORDER AND REASONS
JANE TRICHE MILAZZO, District Judge.
Before the Court is a Motion to Dismiss (Doc. 17) by Defendants CorrectHealth Jefferson, LLC ("CorrectHealth") and Ironshore Specialty Insurance Company ("Ironshore").
Defendants argue that "the Louisiana Medical Malpractice Act applies to Plaintiffs' claims" against them, and that such claims should be dismissed as premature because of Plaintiffs' failure to comply with certain requirements of the Act.1 In both their Complaint and their First Amendment Complaint, however, Plaintiffs specifically waived any claims they may have had against Defendants under the Louisiana Medical Malpractice Act.2 Moreover, Plaintiffs' "claim of deliberate medical indifference under the Fourteenth Amendment asserts a claim based on the violation of constitutional civil rights under 42 U.S.C. § 1983, and therefore the Louisiana Medical Malpractice Act does not apply."3 Similarly, because "the Louisiana Medical Malpractice Act defines malpractice as an `unintentional tort or breach of contract,'" the Act also does not apply to Plaintiffs' Louisiana law intentional infliction of emotional distress claims.4
CONCLUSION
For the foregoing reasons, Defendants' Motion to Dismiss is DENIED.
FootNotes
1. Doc. 17-1 at 3.
2. Doc. 1 at 15, ¶ 83 ("Plaintiffs are not proceeding under the Louisiana Medical Malpractice Act."); Doc. 32 at 16, ¶ 83 (same).
3. Colbert v. City of Baton Rouge/Par. of E. Baton Rouge, No. CV 17-28, 2018 WL 344966, at *7 (M.D. La. Jan. 9, 2018).
4. Bailey v. E.B.R. Par. Prison, No. 12-224, 2015 WL 545706, at *3 (M.D. La. Feb. 9, 2015) (emphasis in original) (quoting LA. REV. STAT. § 40:1231.1(A)(13)).
Source: Leagle
