Estate of Adams v. Home Health Care of Louisiana
Cases that cite this one
27 later published cases cite this decision. The 23 that cite it most often are listed here.
- Browning v. West Calcasieu Cameron Hosp. (La. Ct. App. 2003)
- Vinson Pulliam v. Curahealth New Orleans, LLC (La. Ct. App. 2025)
- Billy A. Browning v. West Calcasieu Cameron Hospital (La. Ct. App. 2003)
- Sylvia Woods Brown, Individually, and Roy Brown, Individually v. LSU Health Sciences Center-Shreveport through the Board of Supervisors of Louisiana State University Agricultural and Mechanical College; Anthony H. Sin, M.D., and Willis-Knighton Medical Center (La. Ct. App. 2025)
- Casey Slaydon Versus River Oaks, Inc. D/B/A River Oaks Hospital (La. Ct. App. 2024)
- Smith v. Lafayette Parish Sheriff's Dept. (La. Ct. App. 2004)
- Conner v. U S A A General Indemnity Co (District Court, W.D. Louisiana 2023)
- Delvin Breaux v. Ochsner Clinic, LLC, Ochsner Clinic Foundation, Misty Suri, Md, and Deryk Jones, Md (La. Ct. App. 2023)
- Simien v. Medical Protective Co. (La. Ct. App. 2009)
- James v. D G Louisiana L L C (District Court, W.D. Louisiana 2025)
- Betty Sue Deakles Versus Southeast Louisiana Veterans Home (La. Ct. App. 2025)
- Key v. Canal Insurance Company (District Court, M.D. Louisiana 2024)
- Burrell v. Phillips (United States District Court Eastern District of Louisiana 2021)
- Baham v. Moore (United States District Court Eastern District of Louisiana 2021)
- Jacobe v. Gonzalez (District Court, W.D. Louisiana 2021)
- John W. Tew, II v. United Services Automobile Association, Timothy Andries and GEICO General Insurance Company (La. Ct. App. 2021)
- Hicks Jones v. Tim Williams Wood Products L P (District Court, W.D. Louisiana 2020)
- Allen v. Royal Trucking Co (District Court, W.D. Louisiana 2020)
- Marilyn D. White and Sylvia Sue White Individually and Obo Sylvia White Pevey (D) v. Rapides Healthcare System, LLC D/B/A Rapides Regional Medical Center (La. Ct. App. 2019)
- Bianchi v. KUFOY (La. Ct. App. 2010)
- Ronald and Peggy Bianchi v. Dr. Ernesto Kufoy (La. Ct. App. 2010)
- Harrison v. Cooper (La. Ct. App. 2006)
- Green v. K-Mart Corp. (La. 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The ESTATE OF Doris Hughes ADAMS
v.
HOME HEALTH CARE OF LOUISIANA, et al.
Supreme Court of Louisiana.
PER CURIAM.
In this medical malpractice action, defendant Home Health Care of Louisiana (HH) moved for summary judgment on the issue of causation and damages. For purposes of the motion, HH admitted its negligence in failing to properly care for plaintiff at home after an extensive period of hospitalization and failing to call the attending doctor when the condition worsened, but defended on the basis of expert evidence that plaintiffs foot would have had to be amputated irrespective of that negligence. HH asserted that the only two experts (registered nurses) on plaintiffs witness list were not qualified to testify regarding the causal relationship between the negligence and the amputation.
The trial court granted HH's motion, and the court of appeal affirmed. 99-1263 (La.App. 5 Cir. 7/25/00), 767 So.2d 855.
Causation is an issue of fact that is generally decided at the trial on the merits. As the dissenting judge on the intermediate court noted, the admitted negligence clearly caused some damages, *1065 even if it merely hastened the amputation by one day. Plaintiff's damages for pain and suffering during the period of negligence, for aggravation of her medical condition, and for loss of any chance of saving her foot or of delaying the amputation is more appropriately decided by trial on the merits, even if plaintiff's case regarding the amount of damages is considerably weakened by the dearth of expert testimony.
Accordingly, the application is granted, the judgment of the court of appeal is set aside, and the case is remanded for further proceedings.
VICTORY and TRAYLOR, JJ., vote to deny the application.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.