LATHON v. LESLIE LAKES RETIREMENT CENTER TDC (2022)

Writ application denied.

I would grant the writ to address the constitutionality of La. R.S. 29:771(B)(2)(c)(i), which the lower courts did not. It is absurd to change the standard of care for every medical malpractice case even though the case may have nothing to do with the reasons an emergency was declared. The statute may obviously be overbroad in its application.

It may be necessary to directly challenge the constitutionality of the statutes and secure a ruling on the precise issue in order to properly place the issue before this court.

Hughes, J., would grant and assigns reasons. Griffin, J., would grant for reasons assigned by Justice Hughes.