Torts and Negligence Flashcards

In a Louisiana medical malpractice case, the plaintiff must establish that the defendant-physician deviated from:

Answer: The care and skill that a reasonable physician in the same medical specialty would exercise under the circumstances

Louisiana medical malpractice requires proof that the defendant failed to meet the standard of a reasonably competent physician practicing in the same medical specialty.

Under the Louisiana Medical Malpractice Act, what must a claimant do before filing suit against a qualified healthcare provider in district court?

Answer: Submit the claim to a medical review panel as a mandatory condition precedent to filing suit

The Louisiana Medical Malpractice Act requires submission of the claim to a medical review panel before suit may be filed in district court against a qualified healthcare provider.

In Louisiana, which categories of statements constitute defamation per se, allowing recovery without proof of special (economic) damages?

Answer: Statements imputing criminal conduct, loathsome disease, sexual misconduct, or misconduct in one's trade or profession

Defamation per se covers specific categories — imputing crime, loathsome disease, sexual misconduct, or professional misconduct — where harm to reputation is presumed without proof of actual damages.

Under New York Times v. Sullivan as applied in Louisiana, a public official suing for defamation must prove that the defendant made the statement:

Answer: With actual malice — knowledge of falsity or reckless disregard for whether the statement was true or false

Public officials and public figures must prove 'actual malice' — that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

For intentional infliction of emotional distress (IIED) in Louisiana, the plaintiff must establish that the defendant's conduct was:

Answer: Extreme and outrageous and that it intentionally or recklessly caused severe emotional distress to the plaintiff

IIED requires that the defendant's conduct be extreme and outrageous and that it intentionally or recklessly cause severe emotional distress — mere insults, rudeness, or unkind acts do not qualify.

Under Louisiana law, bystander claims for negligent infliction of emotional distress (NIED) are typically recognized only when the bystander:

Answer: Witnessed a traumatic event injuring a close relative and was themselves within the zone of physical danger

Louisiana recognizes bystander NIED when the plaintiff both witnessed a traumatic event injuring a close relative and was within the zone of physical danger themselves.

To prevail on an attorney malpractice claim in Louisiana, the plaintiff must prove (beyond the attorney-client relationship and breach of the standard of care):

Answer: That the attorney's negligence caused the client to lose a claim they would otherwise have won — the 'case within a case'

Attorney malpractice requires proving the 'case within a case' — that but for the attorney's negligence, the client would have prevailed in the underlying matter.