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Estate of Blankenship v. Louisiana Home Care Group, Inc.

Court of Appeals of Louisiana, Second Circuit

June 24, 2015

ESTATE OF LEON F. BLANKENSHIP, SR., Plaintiff-Appellant
v.
LOUISIANA HOME CARE GROUP, INC., D/B/A SPECIALTY HOSPITAL, DR. DAVID RAINES, AND DR. RONALD HUBBARD, Defendant-Appellee

Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 2013-0883. Honorable Robert C. Johnson, Judge.

PAMELA ANITA BLANKENSHIP, Counsel for Appellants, Mildred Johnson Blankenship, and Estate of Leon F., Blankenship, Sr.

NELSON, ZENTNER, SARTOR & SNELLINGS, L.L.C., By: David H. Nelson, Counsel for Appellee, David R. Raines, M.D.

PETTIETTE, ARMAND, DUNKELMAN, WOODLEY, BYRD & CROMWELL, By: Lawrence Wayne Pettiette, Jr., Rendi B. Wiggins, Trey Ward Carter, Counsel for Appellee, Ronald Hubbard, M.D.

WATSON, BLANCHE, WILSON & POSNER, By: Thomas H. Wartelle, Counsel for Appellee, St. Francis Specialty Hospital.

Before WILLIAMS, STEWART and DREW, JJ.

OPINION

Page 462

[49,856 La.App. 2 Cir. 1] DREW, J.

The Estate of Blankenship (" Estate" ) appeals judgments dismissing its medical malpractice claims against Dr. Donald Hubbard and Dr. David Raines without prejudice. Drs. Hubbard and Raines answer the appeal, contending that the claims against them should have been dismissed with prejudice.

We amend the judgments to provide that the dismissals are with prejudice, and affirm the judgments as amended.

FACTS

Leon Blankenship, Sr., suffered a stroke in September of 2009 and subsequently died on November 9, 2009. During his treatment, a PEG tube became dislodged and had to be replaced. His family contended that the procedure of replacing the PEG tube ultimately caused Blankenship to die from blood loss.

In late 2010, the Estate requested the formation of a Medical Review Panel (" Panel" ) against several health care providers including Dr. Raines, a gastroenterlogist, and Dr. Hubbard, an internist.

The Panel rendered its opinion on November 29, 2012. It found that the evidence did not support the conclusion that either Dr. Hubbard or Dr. Raines failed ...


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