Eldridge v. Heritage Manor, L.L.C., 942 So. 2d 743 (La. Ct. App. 2006)

Plaintiff brought suit and the nursing home filed an exception based on the immaturity of the claim as it had not been reviewed by the medical review panel. The trial court agreed, sustained the exception and it was affirmed on appeal. The court found six factors making the action subject to the medical malpractice statute: (1) Plaintiff’s allegations include dereliction in professional skill; (2) expert medical testimony would be required to determine whether the standard of care was breached; (3) all allegations involved assessment or lack of assessment of the resident’s condition; (4) the allegations concerned actions or inactions which the defendant was licensed to perform; (5) common sense dictates that failure to provide enough treatment is linked to treatment; and (6) there is no allegation that the tortuous conduct was intentional.