BRYANT v. NAOMI HEIGHTS NURSING REHABILITATION CENTER LLC (2020)

Supreme Court of Louisiana.

Earnest Dean BRYANT Individually and on Behalf of Opal Bryant v. NAOMI HEIGHTS NURSING & REHABILITATION CENTER, LLC

No. 2020-CC-00474

Decided: June 03, 2020

Writ application granted. See per curiam.

ON SUPERVISORY WRIT TO THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES

The plaintiff's writ is granted, the judgment of the district court denying the motion to compel is vacated, and the case is remanded to the district court for further proceedings. Pursuant to La. R.S. 13:3715.1(B)(5), the district court is directed to determine whether the patient consents to revealing her identity. If not, the district court should conduct a contradictory hearing to determine whether production of her identity is “proper” under Subsection 13:3715.1(B)(5), balancing the evidentiary need for disclosure against the patient's privacy interest. See Moss v. State, 05-1963 (La. 4/4/06), 925 So.2d 1185, 1200.

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