Billeaudeau v. Opelousas Gen. Hosp. Auth. — Apr. 2016 (Summary)

NEGLIGENT CREDENTIALING

Billeaudeau v. Opelousas Gen. Hosp. Auth.
No. 15-1034 (La. Ct. App. Apr. 6, 2016)

The Court of Appeals of Louisiana found that a patient’s claim for negligent credentialing against a hospital did not constitute a medical malpractice claim and so was not subject to the requirements of the Louisiana Medical Malpractice Act (“MMA”). The court reviewed the matter under the analysis and factors required in Louisiana law to determine if an action comes under the MMA.  The court found from its review of these six factors that the negligent credentialing action was a distinct claim from the MMA.  Additionally, the court noted that while amendments had been proposed three times to include “credentialing” in the definition of “malpractice,” the legislature had rejected the proposal each time.