RACHAL v. STATE (2020)

Writ denied.

I would grant the writ application of the State of Louisiana, through the Board of Supervisors of Louisiana State University Agricultural and Mechanical College, Louisiana State University Health Sciences Center–Shreveport (“LSU”). In my view, LSU has met all of the requirements for statutory immunity established by La. R.S. 28:53(N)(1).¹ In particular, plaintiff was committed pursuant to a Physician's Emergency Certificate, and thus, the defendant, providing services in “good faith” in this case, “shall not be liable for damages suffered by the patient as a result of the commitment or damages caused by the patient during the term of the commitment․” For this reason, I find the defendant's writ application warrants supervisory review by this Court.

FOOTNOTES

1.   La. R.S. 28:53(N)(1) provides:Public and private general hospitals and their personnel who provide services in good faith for commitments defined in this Part shall not be liable for damages suffered by the patient as a result of the commitment or damages caused by the patient during the term of the commitment, unless the damage or injury was caused by willful or wanton negligence or gross misconduct. This limitation of liability shall only apply to public and private general hospital personnel who within the preceding twelve-month period have received appropriate training in nonviolent crisis intervention and such training has been documented in their personnel files. The training shall be provided by an instructor who has attended a course in crisis intervention taught by a certified instructor.