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.
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