Workers Compensation – In Agilus Health v. Accor Lodging North America, 2010-0800 (La. 11/30/10), — So.3d —-, the Louisiana Supreme Court held under the facts of that case that payment to a healthcare provider in an amount below the Louisiana Worker’s Compensation Act’s reimbursement schedule for medical services pursuant to a valid PPO contract does not violate state law.

Judgments – In Interdiction of Jones, 10-66 (La.App. 5 Cir. 11/9/10), — So.3d —-, the Fifth Circuit Court of Appeal held that a judgment ruling an individual in contempt, where the object of the proceedings before the court is to obtain a finding that someone is in contempt, is a final judgment subject to immediate appeal.

Damages; Lost Chance of Survival – In Braud v. Woodland Village L.L.C., 2010-0137 (La.App. 4 Cir. 12/8/10), — So.3d —-, the Fourth Circuit Court of Appeal concluded that, in a medical malpractice case, a claim for lost chance of survival is a distinct, compensable injury and is distinguishable from a claim for loss of life in a wrongful death case.

Therefore, under Braud, the plaintiff must prove that (1) the tort victim had a chance of survival at the time of the professional negligence, (2) that the tortfeasor’s action or inaction deprived the victim of all or part of that chance, and (3) the value of the lost chance. The plaintiff need not prove that the patient would have survived but for the defendant’s malpractice. Nevertheless, the plaintiff must establish by a preponderance of the evidence that he or she had a chance for survival, and that this chance was lost due to the defendant’s negligence. Accordingly, the fact-finder must focus on the loss of chance of survival as a distinct compensable injury, and value the lost chance as a lump sum award