Pennington v. Ochsner Clinic Found.

DISCUSSION

Standard of care and breaches thereof

The Louisiana Medical Malpractice Act defines "malpractice," in pertinent part, as:... any unintentional tort or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient, including failure to render services timely and the handling of a patient ....

*63La. R.S. 40:1231.1 A(13). The burden of proof in a medical malpractice case rests with a claimant who must prove by a preponderance of the evidence the three elements set forth in La. R.S. 9:2794 A:

First,…