The Supreme Court of the United States stated in its December 8, 2025 Per Curiam:
“Louisiana immunizes healthcare providers from civil liability during public health emergencies. La. Rev. Stat. Ann.
§29:771(B)(2)(c)(i) (West 2022). Below, the Louisiana Court of Appeal held that this state statute barred plaintiff’s federal claims. 2024–0723, pp. 11–12 (1 Cir. 12/27/24), 404 So. 3d 1008, 1017–1018, writ denied, 2025–00105 (La.
4/29/25), 407 So. 3d 623. That decision is incorrect. Defining the scope of liability under state law is the State’s prerogative. But a State has no power to confer immunity from federal causes of action. See, e.g., Howlett v. Rose, 496 U. S. 356, 383 (1990); Haywood v. Drown, 556 U. S. 729, 740 (2009); Williams v. Reed, 604 U. S. 168, 174 (2025). “[T]he
Judges in every State” are bound to follow federal law, “any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” U. S. Const., Art. VI, cl. 2.
Plaintiff’s federal claims may well fail on other federal grounds. Cf. Cummings v. Premier Rehab Keller, 596 U. S.
212, 222 (2022). But that is for the Louisiana courts to decide in the first instance. The petition for certiorari is
granted, the judgment of the Louisiana Court of Appeal is reversed, and the case is remanded for further proceedings
not inconsistent with this opinion.”
Source Doe v. Dynamic Physical Therapy, LLC, 25-180.
La. Rev. Stat. Ann. §29:771(B)(2)(c)(i)
La. Rev. Stat. Ann. §29:771(B)(2)(c)(i) states: “During a state of public health emergency, no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct.”
The U.S. Supreme Court determined that the Louisiana Court of Appeal had erred when it held: “Mr. Doe also contends that the trial court erred in finding that his petition failed to state a cause of action when he clearly alleged that the defendants violated the ADA and the Rehabilitation Act. Specifically, Mr. Doe argues that the federal laws supersede and preempt any state law and that because he sufficiently alleged that the defendants intentionally discriminated against him because of his HIV status, he has asserted valid causes of action. However, Mr. Doe again only makes conclusory allegations without supporting facts and cites no legal authority supporting this argument. Louisiana Revised Statutes 29: 771( B)( 2)( c)( i) contains no limitation on its application during a public health emergency. Rather, according to its plain language, the statute applies to all persons who suffer injury or death caused by a health care provider “except in the event of gross negligence or willful misconduct.” We have already found that the allegations in Mr. Doe’ s petition, even as amended, do not rise to the level of gross negligence or willful misconduct, and this assignment of error also lacks merit.”
If you or a loved one were injured (or worse) as a result of medical malpractice in Louisiana or in another U.S. state, you should promptly find a Louisiana medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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