Sergio Tapia v. St. Tammany Parish Hospital, and its Administrators, Agents, Employees and Staff, and Mark Dominguez, M.D. ( 2019 )

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