In Thomas v. Nexion Health at Lafayette, Inc., 14-609 (La. App. 3 Cir. 1/14/15), the Court was asked to decide whether an allegation that a healthcare employee negligently failed to use a motor vehicle restraint during patient transport constituted an act of alleged medical negligence subject to the Medical Review Panel process or a general tort. Citing to the Medical Malpractice Act, which specifically references the “handling of a patient,” the Court concluded that the claim sounded in medical malpractice. As such, the plaintiff was required to have submitted the matter to a Medical Review Panel prior to filing.
