Opinion
No. 2022-CC-01566.
12-20-2022
Toni LATHON v. LESLIE LAKES RETIREMENT CENTER and TDC Specialty Underwriters.
Applying For Supervisory Writ, Parish of Bienville, 2nd Judicial District Court Number(s) 45674, Court of Appeal, Second Circuit, Number(s) 54,479-CW c/w 54,515-CW.
Writ application denied.
Hughes, J., would grant and assigns reasons.
Griffin, J., would grant for reasons assigned by Justice Hughes.
Hughes, J., would grant the writ.
I would grant the writ to address the constitutionality of La. R.S. 29:771(B)(2)(c)(i), which the lower courts did not. It is absurd to change the standard of care for every medical malpractice case even though the case may have nothing to do with the reasons an emergency was declared. The statute may obviously be overbroad in its application.
It may be necessary to directly challenge the constitutionality of the statutes and secure a ruling on the precise issue in order to properly place the issue before this court.