On November 6, 2018, Linda George presented to Tulane University Hospital in New Orleans for gallbladder removal surgery and repair of a hiatal hernia. During surgery, her esophagus was perforated and required repair. While repairing her esophagus, Ms. George sustained a vocal cord injury. On November 2, 2019, Ms. George initiated a request for Medical Review Panel pursuant to Louisiana’s Medical Malpractice Act. La. R.S. 40:1231.1, et. seq. Ms. George asserted that Dr. DuCoin negligently perforated her esophagus and Dr. Friedlander failed to properly repair the esophagus, which resulted in a vocal cord injury. She maintained that the injury required hospitalization in the Intensive Care Unit for eight (8) days and resulted in adverse health issues. On November 23, 2021, the Medical Review Panel issued a unanimous opinion finding that the evidence did not support a conclusion that the doctors “failed to meet the applicable standard of care.”
On January 28, 2022, Ms. George filed a lawsuit alleging the doctors committed medical malpractice. Several months later, the doctors filed a motion for summary judgment arguing that Ms. George failed to identify a medical expert to support her contention that the doctors failed to meet the applicable standard of care. To the motion for summary judgment, the doctors attached: (1) the request for Medical Review Panel; (2) the opinion and reasons of the Medical Review Panel; (3) the medical malpractice petition for damages; and (4) multiple notices of records depositions. Ms. George opposed the motion, contending that her medical expert died before issuing a report and attached the medical expert’s obituary to the opposition. By judgment dated December 16, 2022, the trial court denied the motion for summary judgment. The trial court stated that due to the death of the medical expert, Ms. George would be given additional time to obtain a new medical expert.
On January 4, 2024, the doctors filed a second motion for summary judgment asserting the same argument as in the first motion for summary judgment. The matter proceeded on March 22, 2024; however, Ms. George’s attorney did not appear at the hearing. By judgment dated April 15, 2024, the trial court granted the motion for summary judgment, dismissing the claims asserted in the petition for damages with prejudice.
The Court of Appeal of Louisiana, Fourth Circuit stated in its February 17, 2025 decision: “In the case sub judice, the alleged malpractice relates to a perforated esophagus and subsequent repair of the esophagus. The Medical Review Panel determined that Dr. DuCoin immediately recognized the “known complication of endoscopic surgery, i.e., perforation of the esophagus” and immediately sought a consult with Dr. Friedlander. It further found that Dr. Friedlander performed the appropriate surgical procedure and Ms. George “unfortunately sustained a known complication of this surgery, i.e., a vocal cord injury.” The intricacies and complications of procedures regarding the esophagus are not within the average lay person’s knowledge. Thus, the obvious-negligence exception is inapplicable and a medical expert witness is required to rebut the findings of the Medical Review Panel … Without a medical expert, Ms. George cannot provide sufficient evidence of an essential element of her malpractice claim. At the time the motion for summary judgment at issue was heard, more than a year had elapsed since Ms. George was allowed additional time to obtain a medical expert. She has not identified the name of any medical expert and only states that she has consulted with “several qualified medical experts” and is awaiting reports. This is insufficient to defeat summary judgment … Accordingly, Ms. George has failed to demonstrate a genuine issue of material fact as to an essential element of her malpractice claim and we find the trial court did not err in granting the motion for summary judgment.”
Source IN RE: MEDICAL REVIEW PANEL FOR THE CLAIM OF LINDA GEORGE, NO. 2024-CA-0624.
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