Louisiana Fifth Circuit Court of Appeal Denies Ochsner's Writ

The Louisiana Fifth Circuit Court of Appeal has denied Ochsner's writ, which sought review of the district court's decision to deny Ochsner's Exception of Prematurity. Ochnser has now filed a writ application with the Louisiana Supreme Court, which argues that the plaintiffs' claims should be subject to the Louisiana Medical Malpractice Act--a result which would statutorily "cap" the plaintiffs' available damages and subject the claims to a stricter statute of limitations period.

The plaintffs argue that their claims--which seek damages for the mishandling and/or mislabeling of their human embryos--do not constitute "medical malpractice." Rather, the claims sound in general negligence and should not be subject to the Louisiana Medical Malpractice Act.