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Scott v. Ruston Louisiana Hospital Company, LLC

United States District Court, W.D. Louisiana, Monroe Division

April 12, 2017

GREGORY SCOTT AND MICHELLE SCOTT, INDIVIDUALLY AND ON BEHALF OF THE MINOR J.S. AS THE PARENTS AND TUTORS OF J.S.
v.
RUSTON LOUISIANA HOSPITAL COMPANY, LLC

          HAYES MAGISTRATE JUDGE

          MEMORANDUM RULING

          S. MAURICE HICKS, JR. UNITED STATES DISTRICT JUDGE

         Before the Court is Plaintiffs Gregory Scott and Michelle Scott's (collectively “Plaintiffs”) Motion for Interlocutory Appeal under 28 U.S.C. § 1292(b). See Record Document 61. Defendant Ruston Louisiana Hospital Company, LLC d/b/a Northern Louisiana Medical Center (“NLMC”) does not oppose the Motion. See id. For the reasons contained in the instant Memorandum Ruling, Plaintiffs' Motion is GRANTED.

         FACTUAL AND PROCEDURAL BACKGROUND

         NLMC is a healthcare services company that owns and operates a hospital with an emergency department in Ruston, Louisiana. See Record Document 1 at 1-2. Brady DuBois (“DuBois”) was the CEO of NLMC at the time of the events relevant to the instant action. See id. at 5. Plaintiffs are residents of Lincoln Parish, Louisiana, and parents of the minor J.S. See id. at 1.

         In the early hours of August 19, 2014, J.S. presented to NLMC's emergency room with neurological deficiencies in both her upper and lower extremities. See id. at 2. By 9:07 AM, the attending emergency room physician, Dr. James Taylor (“Dr. Taylor”), wanted to order an MRI to evaluate J.S.'s condition. See id. However, no MRI was performed upon J.S. until after 3:00 PM. See id. Plaintiffs allege, based upon deposition testimony by Dr. Taylor, that the delay was the result of a policy at NLMC “that requires that emergency room requests for MRIs be summarily denied and delayed until reimbursement from the insurance company has been certified.” Id. Plaintiffs allege that if the MRI had been performed at the time Dr. Taylor originally sought to perform it, the hematoma on J.S.'s spinal cord would have been identified and treated in enough time to prevent the permanent paralysis she later developed or that the severity of her symptoms would have been reduced. See id. at 2-3.

         Plaintiffs first filed a state malpractice claim with the Louisiana Patient Compensation Fund, seeking review of the claim by a medical review panel as required by the Louisiana Medical Malpractice Act (“LMMA”), La. R.S. 40:1231.1, et seq. See Record Document 15 at 1. Plaintiffs took Dr. Taylor's deposition in that case, and discovered that they might have a claim under the Emergency Medical Treatment and Labor Act (“EMTALA”), 42 U.S.C. § 1395dd, et seq. See id. Plaintiffs subsequently filed the instant action in federal court on March 21, 2016, with the following causes of action: (1) EMTALA violations for inadequate medical screening, disparate screening, delay of appropriate medical screening, and delay of further medical examination and treatment; (2) violation of the Louisiana Anti-Dumping Statute (“LADS”), La. R.S. § 40:2113.4-6; (3) negligent administration under state tort law; (4) malfeasance under state tort law; and (5) “intentional action” by “sanitizing” medical records. Id. at 8-13. Plaintiffs also affirmatively alleged that any damages awarded for their EMTALA claims are not subject to the LMMA's damages caps. See id. at 9.

         On May 6, 2016, Defendants filed a Rule 12(b)(6) Motion to Dismiss seeking (1) complete dismissal of all of Plaintiffs' claims, with prejudice, or (2) alternatively, a stay of all of Plaintiffs' claims pending a decision by the medical review panel in the separate state medical malpractice case in its Motion to Dismiss. See Record Document 10 at 1. Defendants also argued that “the plaintiffs' claims sounding in medical negligence, which defendants submit encompasses all complaints made herein, are premature.” Record Document 10-2 at 3. After extensive briefing on the Motion, Magistrate Judge Hayes issued a Report and Recommendation recommending that the Motion be granted in part with the following disposition:

1) Dismissal of Plaintiffs' intentional tort claims with prejudice;
2) Dismissal of Plaintiffs' EMTALA claims against DuBois with prejudice;
3) Dismissal of Plaintiffs' claim that their EMTALA claims are not subject to the LMMA's damages caps with prejudice;
4) Dismissal of Plaintiffs' claims under LADS and for negligence and malfeasance without prejudice as premature because they fall under the LMMA's definition of medical malpractice and therefore must first be presented to a medical review panel.

See Record Document 27 at 26-27; see Scott v. N. La. Med. Ctr., 2016 U.S. Dist. LEXIS 185056 (W.D. La. 2016). It also recommended staying the instant action pending the outcome of the related medical review panel in the state malpractice case. See id. at *29-30. Finally, it recommended that the Motion be denied with respect to Plaintiffs' EMTALA claim against NLMC, leaving the EMTALA claim against NLMC as the only remaining claim in the instant action.[1] See id. at *9-13, 31.

         After the Magistrate Judge issued her Report and Recommendation, the parties went through several rounds of briefing regarding the Report and Recommendation. See Record Documents 28, 30, 35, 38, 44, 45, and 48. On March 14, 2017, this Court adopted the Report and Recommendation. See Record Document 58; see Scott v. Ruston La. Hosp. Co., LLC, 2017 U.S. Dist. LEXIS 36539 (W.D. La. ...


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