The Louisiana Supreme Court removed a potential hurdle to scores of Hurricane Katrina lawsuits, ruling that accusations that hospitals lacked evacuation plans were not medical malpractice claims. The 4-to-3 ruling means that the cases will not need to detour through state review panels before trials can be scheduled.
Reviews for malpractice suits can take up to a year.
Also, Louisiana has a $500,000 limit on malpractice awards, but none in liability lawsuits.
The ruling could affect as many as 194 claims filed with the Louisiana Patients Compensation Fund Oversight Board, which manages malpractice suits, said the board's executive director, Lorraine LeBlanc.
The decision reverses an appeal court ruling that said such claims amounted to malpractice because they involved decisions affecting patient care, and reinstates a district judge's decision.
Copyright 2007 Associated Press
