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COURT OF APPEAL, FIRST CIRCUIT GREGORY TERRY BROOKS A/ K/ A GREGORY NO. 2025 CW 0686 T. BROOKS A/ K/ A GREG BROOKS, JR.

VERSUS

LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE A/ K/ A LOUISIANA STATE UNIVERSITY, BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AGRICULTURAL AND MECHANICAL COLLEGE, AND OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER OCTOBER 23, 2025

In Re: Our Lady of the Lake Hospital, Inc., for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 751840.

BEFORE: THERIOT, PENZATO, AND BALFOUR, ii.

WRIT GRANTED. The district court' s June 12, 2025 judgment which overruled the exception of prematurity filed by defendant, Our Lady of the Lake Hospital, Inc. (" OLOL"), is reversed.

Although plaintiff alleged a cause of action for negligent initial credentialing herein, the evidence admitted by the district court showed that Dr. Gaynor was re -credentialed by OLOL prior to the medical treatment at issue in this case, and such re- credentialing involved ongoing review. Treatment related medical decisions and dereliction of skill for which a hospital can be held liable for malpractice" fall under the " supervision and training" of the providers once they enter the building and engage in the practice of medicine therein. Thomas v. Reg11 Health Sys. of Acadiana, LLC, 2019- 00507 ( La. 1/ 29/ 20), 347 So. 3d 595, 602. Re- credentialing necessarily falls within the definition of malpractice" because it constitutes an " unintentional tort . . . based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient in the training or supervision of health care providers". Id. We find the negligent which credentialing, necessarily involves the re- credentialing of Dr. Gaynor which occurred prior to the treatment at issue, are so intertwined with the malpractice claims as to fall within the purview of the definition of malpractice", and therefore, within the Medical Malpratice Act. Id. at 604. See also La. R. S. 40: 1231. 1( A)( 13). The exception of prematurity filedbydefendant, Our Lady of the Lake Hospital, Inc., is granted, and plaintiff' s claims against Our Lady of the Lake Hospital, Inc. are dismissed, without prejudice.

MRT AHP REB