October, 2007 

• One Louisiana Appellate Court has determined that an insignificant condition of employment that simply aggravates a pre-existing injury is not an 'accident' within the meaning of Louisiana Workers Compensation Act. Bennett v. St. Tammany Parish Hosp., 06-2043 (La. App. 1 Cir. 7/25/07), 2007 WL 2120196. Facts supporting the ruling include that the plaintiff had not mentioned a work incident when she was seen in the Emergency Room or at a follow-up doctor's visit and an Employer's Report of Accident was not filled out.



• Reversing the appellate court, the Louisiana Supreme Court recently determined that the claim by the family of a patient who died in the aftermath of a major hurricane following loss of electrical power to sustain his life support system against a hospital for its failure to have an appropriate emergency power system or an evacuation plan for the transfer of patients was not a medical malpractice claim, but one that sounded in general negligence. LaCoste v. Pendleton Methodist Hosp., L.L.C., 07-0008 & 07-0016 (La. 9/5/07), 2007 WL 2482676.



• Louisiana law has increased the time period in which a first party may assert a claim against their insurer under certain types of policies, to include homeowners, fire, and inland marine policies, from one year to two years after the inception of the loss. This legislative amendment, which modified La. R.S. 22:692(B) and 22:691(F), became effective August 15, 2007.

Disclaimer: The content of this update involves only general statements of law; it is not meant to be used as the definitive word in any situation in which these issues may arise. The particular facts of the case will influence how a court in Louisiana may apply the law.

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