The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

Having suffered cardiorespiratory arrest, Sonya was transferred to D from a nursing home. She was comatose, quadriplegic, and in end-stage renal failure. Her treating physician, Dr. Harter, believed that continuing dialysis would have no benefit. Dr. Harter agreed that with dialysis and a ventilator, Sonya could live for another two years, he believed that she would have only a slight (1% to 5%) chance of regaining consciousness. Ps, the family demanded aggressive life-sustaining care. Dr. Harter sought unsuccessfully to transfer her to another medical facility willing to provide this care but the transfer never occurred. D's Morals and Ethics Board agreed with Dr. Harter's opinion to discontinue dialysis, and life-support procedures, and to enter a 'no-code' status (do not resuscitate). Sonya was taken off a feeding tube and other similar devices. The day the ventilator was removed, she died of respiratory and cardiac failure. Ps, the husband, father, and mother of Sonya, brought this petition for intentional tort damages against Ds, Hospital, and Dr. Harter. Ds filed an exception asserting that this action was covered under Louisiana's Medical Malpractice Act, La. R.S. 40:1299.41 et seq., which requires that malpractice claims be first submitted to a medical review panel before any action can be filed. The court found that Ds made a medical decision and dismissed the lawsuit as premature.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.