FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20094550 HONORABLE PATRICK LOUIS MICHOT,
M. Welborn, Joseph F. Garr, Jr., APLC COUNSEL FOR
PLAINTIFF/APPELLANT: Mazella Shahan Flournoy
Douglas K. Williams, Kelsey A. Clark, Breazeale, Sachse &
Wilson, L.L.P. COUNSEL FOR DEFENDANT/APPELLEE: Our Lady of
Lourdes Regional Medical Center
composed of Ulysses Gene Thibodeaux, Chief Judge, John D.
Saunders, Shannon J. Gremillion, John E. Conery, and Candyce
G. Perret, Judges.
Saunders, J., dissents.
CANDYCE G. PERRET, JUDGE.
medical malpractice action was originally heard by a panel of
this court consisting of Judge Shannon J. Gremillion, Judge
John E. Conery and Judge David E. Chatelain, Judge Pro
Tempore.  In that opinion, Judges Chatelain and
Gremillion affirmed the trial court's judgment that
granted summary judgment in favor of defendant, Our Lady of
Lourdes Regional Medical Center, Inc., and Judge Conery
dissented, finding genuine issues of fact that warranted a
1, 2017, an application for rehearing was filed on behalf of
Plaintiff. At that time, Judge Candyce G. Perret, who was
elected to the bench on April 29, 2017, replaced Judge
Chatelain on the panel. The panel granted the rehearing on
August 9, 2017. After oral argument, two judges proposed to
reverse the judgment of the trial court and one judge
proposed to dissent from that decision. Thus, the case was
resubmitted and argued to a panel of five judges prior to
rendition of judgment. La.Const. art. 5, §8(B).
rehearing, and after a further review of the affidavits and
depositions of Dr. Christopher Chaput and Dr. Donald Breech,
the majority of the five-judge rehearing panel adopts as its
opinion the dissenting opinion on the original hearing, which
found that "at minimum, there are questions of material
fact as to whether the hospital personnel in both the ER and
Intensive Care Unit . . . promptly and correctly reported the
severity and intensity of Ms. [Niki Lynn] Gannard's
headaches and deteriorating condition to her attending
physician, Dr. [Keith] Colomb." Accordingly, we agree
with Judge Conery that, "in a case such as this, it will
be up to the jury to assess credibility and weigh the
evidence, decide the facts, and assign liability, if any, to
the doctor and hospital."
trial court judgment that granted summary judgment in favor
of Our Lady of Lourdes Regional Medical Center, Inc. is
reversed and the matter is remanded to the trial court for
Gremillion, J., dissents.
properly constituted panel of this court agreed with the
trial court, and correctly found that the claims against the
hospital and its nurses should be dismissed on summary
judgment. This majority reverses the ruling of that panel
based on "a further review of the affidavits and
depositions of Dr. Christopher Chaput and Dr. Donald
Breech." From this explanation, one could infer that
these two doctors had offered testimony to help a jury answer
the only important questions here; namely, whether the