BRANDI BILLEAUDEAU, ET AL.
OPELOUSAS GENERAL HOSPITAL AUTHORITY, ET AL.
FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST.
LANDRY, NO. 11-C-5112 C/W 13-C-0097 HONORABLE D. JASON MECHE,
Hadican Samuels Tiffany A. Morales Kara Hadican Samuels &
Associates, LLC COUNSEL FOR PLAINTIFFS/APPELLANTS: Veronica
Billeaudeau, individually and as curatrix of Brandi
Billeaudeau Joseph Billeaudeau
Jennifer L. Thornton Christian S. Chaney Stanley, Reuter,
Ross, Thornton & Alford, LLC COUNSEL FOR
PLAINTIFFS/APPELLANTS: Veronica Billeaudeau, individually and
as curatrix of Brandi Billeaudeau Joseph Billeaudeau
Gregory Vidrine Mahtook & LaFleur COUNSEL FOR
DEFENDANT/APPELLANT: Opelousas General Hospital Authority
L. McReynolds J. Jerry Glas Karen P. Holland Deutsch,
Kerrigan, L.L.P. COUNSEL FOR DEFENDANT/APPELLEE: Opelousas
General Hospital Authority
Nicholas Gachassin, III Gary J. Delahoussaye Brandon M.
Rhodes Gachassin Law Firm COUNSEL FOR DEFENDANT/APPELLEE:
Opelousas General Hospital Authority
P. Hebbler, Jr. Frances Irene McGinnis Hebbler &
Giordano, LLC COUNSEL FOR DEFENDANT/APPELLEE: Nautilus
D. Fagan Anton L. Hasenkampf Leake & Anderson LLP COUNSEL
FOR DEFENDANT/APPELLEE: National Union Fire Insurance Company
of Pittsburgh, PA
William H. Parker, III Jacob E. Favaron Allen & Gooch
COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Patients'
Compensation Fund (Opelousas General Hospital) Louisiana
Patients' Compensation Fund (Dr. K. Skirlis-Zavala)
Alexander T. Reinboth COUNSEL FOR DEFENDANT/APPELLEE: State
composed of Phyllis M. Keaty, John E. Conery, and Van H.
plaintiffs, Veronica Billeaudeau, individually and as
curatrix of Brandi Billeaudeau, and Joseph Billeaudeau, along
with the defendant, Opelousas General Hospital Authority,
appeal from the trial court's grant of a partial motion
for summary judgment, dismissing Nautilus Insurance Company
as a party to the Billeaudeau's negligent credentialing
claim against Opelousas General Hospital. For the reasons
assigned, we affirm.
OF THE RECORD
Billeaudeaus initially filed a claim under the Louisiana
Medical Malpractice Act (MMA), La.R.S. 40:1231.1, et seq.,
and later brought suit alleging medical malpractice and
general negligence against Opelousas General Hospital (OGH),
among other defendants, for serious injuries allegedly
sustained by their daughter, Brandi, while she was being
treated in the emergency department at OGH. Also named as a
defendant was Nautilus Insurance Company (Nautilus), the
general liability insurer of OGH. The facts of this matter
were set forth in detail by this court in Billeaudeau v.
Opelousas General Hospital Authority, 15-1034 (La.App. 3
Cir. 4/6/16), 189 So.3d 561, writ granted, 16-846
(La. 6/28/16), 192 So.3d 781, wherein we held that the
Billeaudeaus' negligent credentialing claim sounded in
general negligence, as opposed to a claim for medical
malpractice, which would have to be pursued under the MMA.
The supreme court reviewed the case and affirmed.
Billeaudeau v. Opelousas Gen. Hosp. Auth., 16-846
(La. 10/19/16), 218 So.3d 513.
Nautilus filed a motion for partial summary judgment,
claiming that its policy of general liability insurance
issued to OGH did not provide coverage for losses sustained
as a result of negligent credentialing, as claimed by the
Billeaudeaus. Following a hearing on the motion, the trial
court granted Nautilus' motion, dismissing it from the
suit. The written judgment, which was rendered on July 26,
2017, certified that the judgment was a partial final
judgment. It is from this judgment that both the Billeaudeaus
and OGH appeal
appeal, the Billeaudeaus set forth one assignment of error,
The trial court ignored unrebutted evidence submitted by the
Plaintiffs demonstrating that OGH's negligence in the
improper credentialing of Dr. Zavala was not limited to the
conduct of its formal credentialing committee in evaluating
her application for privileges, but included acts, omissions,
and multiple careless oversights by hospital employees and
staff that do not constitute "healthcare professional
services" as defined by Nautilus in the GL policy.
also raises one assignment of error on appeal, arguing that
"[t]he District Court erred in granting Nautilus
Insurance Company's Motion for Partial Summary ...