STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SERGIO TAPIA NO. 2019 CW 0609

VERSUS

ST. TAMMANY PARISH HOSPITAL, AND ITS ADMINISTRATORS, AGENTS, EMPLOYEES AND STAFF, NOV Z 5 2019 AND MARK DOMINGUEZ, M. D.

In Re: St. Tammany Parish Hospital, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2017- 14995.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The plaintiff' s claims that the relator, St. Tammany Parish Hospital, failed to take action to prevent Dr. Mark Dominguez from operating on hospital patients involves the relator' s " training and supervision of health care providers" and therefore those claims sound in medical malpractice. See Matranga v. Par. Anesthesia of Jefferson, LLC, 2017- 73 ( La. App. 5th Cir. 8/ 29/ 18), 254 So. 3d 1238, writ denied, 2018- 1561 ( La. 2/ 18/ 19), 265 So. 3d 772. Furthermore, even considering the plaintiff' s allegation that the relator " failed to establish by- law and rules regarding the credentialing of physicians, and/ or failed to follow the rules of by- laws in place," this case contains mixed allegations of negligent and credentialing negligent supervision, and the plaintiff was therefore required to submit his claims to a medical review panel prior to filing suit. See Billeaudeau v. Opelousas Gen. Auth., 2016- 0846 Hosp.

La. 10/ 19/ 16) , 218 So. 3d 513, 51. 9 n. 9( citing Plaisance v. Our Lady of Lourdes Reg11 Med. Ctr., Inc., 2010- 348 ( La. App. 3d Cir. 1016/ 10), 47 So. 3d 17, 21, writ denied, 2010-- 2520 ( La. 1/ 14/ 11), 52 So. 3d 904). The trial 19, 2019 court' s February judgment is reversed, the relator' s exception of prematurity is granted, and the plaintiff' s action against the relator is dismissed without prejudice.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

V DEPUTY LERK OF COURT FOR THE COURT