Supreme Court of Louisiana, 2015

Porter v. Southern Oaks Nursing & Rehabilitation Center, LLC

Porter v. Southern Oaks Nursing & Rehabilitation Center, LLC
Supreme Court of Louisiana · Decided September 25, 2015 · Additionally, Crichton, Grant, Hughes, Reasons, Would
182 So. 3d 935; 2015 La. LEXIS 2140; 2015 WL 5944861 (Southern Reporter, Third Series)

Porter v. Southern Oaks Nursing & Rehabilitation Center, LLC

Opinion of the Court

In re Southern Oaks Nursing & Rehabilitation Center, LLC; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. A, No. 544,491; to the Court of Appeal, Second Circuit, No. 49,807-CA.

11 Denied.

HUGHES, J., would ;grant. CRICHTON, J., additionally concurs and assigns reasons. =

Concurring Opinion

CRICHTON, J.,

additionally concurs and assigns reasons.

hi write separately to emphasize the trial court’s clear and unambiguous finding that the alleged incident involving this elderly dementia patient “being drugged and left in a mess in [her] room is just not treatment related.” As it is so clearly not part of medical care, nor is it treatment-related, the incident, does not constitute healthcare or professional services. Thus, Southern Oaks Nursing and Rehabilitation Center, LLC, should not benefit from, or be subject to, the special provisions of the Medical Malpractice Act.

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