Legal Opinion

Brown v. Patient Comp. Fund Oversight Bd.

Louisiana Court of Appeal

Decided January 5, 2018No. NUMBER 2017 CA 0318PublishedCited by 3 opinions

1Opinion of the CourtWelch, J.

The plaintiff/claimant, Gloria Brown, appeals a judgment denying her request for a writ of mandamus against the defendant, the Patient's Compensation Fund Oversight Board (the "PCF")1 in connection with a medical review panel proceeding. For the reasons that follow, we reverse the judgment of the trial court and render judgment issuing a writ of mandamus directed to the PCF.

BACKGROUND

At issue in this appeal is whether the PCF exceeded its statutory authority and/or failed to comply with a ministerial duty while processing a request for review of a medical malpractice claim by a medical review…

Also in this document: Dissent.

2Cases cited15 opinions

  1. Rando v. Anco Insulations Inc.Supreme Court of Louisiana · 2009
  2. Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic DevelopmentSupreme Court of Louisiana · 2011
  3. Galloway v. Baton Rouge General Hosp.Supreme Court of Louisiana · 1992
  4. Richard Dupuy and His Wife, Melissa Dupuy v. Nmc Operating Company, L.L.C. D/B/A the Spine Hospital of Louisiana, Formerly, the Neuromedical Center HospitalSupreme Court of Louisiana · 2016
  5. Golden v. PATIENT'S COMP. FUND BD.Louisiana Court of Appeal · 2006

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3Cited by3 opinions

  1. In re Med. Review Complaint By Daron DowningLouisiana Court of Appeal · 2019
  2. In re Med. Review Complaint By Daron DowningLouisiana Court of Appeal · 2019
  3. Mark Milligan and Antionette Levy, individually and as the Surviving Heirs of the Sherilyn Milligan Wright v. Patient's Compensation Fund Oversight Board, Sage Rehabilitation Hospital c/o Care Plan Oversight, LLC and Our Lady of the Lake HospitalLouisiana Court of Appeal · 2024

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