six-factor test (Louisiana) · Go Syfert
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six-factor test in Louisiana

11 Louisiana opinions name it 2 courts 2002–2023 2 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Williamson v. HOSPITAL SERVICE OF JEFFERSONgreen
la · 2004 · cited in 1 Louisiana opinions naming this issue, 2016–2016
2 sentences

2016See Williamson, 04-0451 at 5, 888 So.2d at 786 (quoting La.

2016See Williamson, 04-0451 at 5, 888 So.2d at 786 (quoting La.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Coleman v. Deno green
la · 2002
2 sentences

2022In Coleman v. Deno, 01-1517 (La. 1/25/02), 813 So. 2d 303 , the Louisiana Supreme Court set out a six-factor test to determine if a negligent act is covered by the LMMA.

2019R.S. 40:1299.41(A)(8), the majority proceeds directly to the six-factor test from Coleman v. Deno , 01-1517, pp. 17-18 (La. 1/25/02), 813 So.2d 303 , 315-16.

102002–2022
Richard v. Louisiana Extended Care Centers green
la · 2003
2 sentences

2023In Richard v. Louisiana Extended Care Centers, Inc., 02-0978, p. 12 (La. 1/14/03), 835 So. 2d 460, 468 , the Louisiana Supreme Court observed that a “nursing home resident is not always receiving medical care or 11 treatment for any specific condition.” Thus, “the legislature did not intend to have every act by any health care provider during the patient’s confinement in a nursing home to be covered by the MMA.” Id.

2014Richard, supra. In Coleman v. Deno, supra, the supreme court set forth a six-factor test to determine whether a negligent act is covered under the LMMA.

22014–2023
Plaisance v. Our Lady of Lourdes Regional Medical Center, Inc. neutral
lactapp · 2010
2 sentences

2019Plaisance , 47 So.3d 17 .

2019Plaisance , 47 So.3d 17 .

22019–2019
McMillian v. Westwood Manor Nursing Home, Inc. neutral
lactapp · 2012
2 sentences

2014Plaintiffs contend, however, that the alleged acts do not satisfy the six-factor test for determining whether an act is “malpractice” for purposes of the MMA as set forth by the Louisiana Supreme Court in Coleman v. Deno, 01-1517, 01-1519, 01-1521 (La.1/25/02), 813 So.2d 303 . 2 The Third Circuit addressed this same argument in McMillian v. Westwood Manor Nursing Home, Inc., 12-54 (La.App. 3 Cir. 5/30/12) , 92 So.3d 623 , writ denied, 12-1857 (La.11/9/12), 100 So.3d 839 .

2014Plaintiffs contend, however, that the alleged acts do not satisfy the six-factor test for determining whether an act is “malpractice” for purposes of the MMA as set forth by the Louisiana Supreme Court in Coleman v. Deno, 01-1517, 01-1519, 01-1521 (La.1/25/02), 813 So.2d 303 . 2 The Third Circuit addressed this same argument in McMillian v. Westwood Manor Nursing Home, Inc., 12-54 (La.App. 3 Cir. 5/30/12) , 92 So.3d 623 , writ denied, 12-1857 (La.11/9/12), 100 So.3d 839 .

12014–2014
McMillian v. Westwood Manor Nursing Home, Inc. green
la · 2012
1 sentence

2014Plaintiffs contend, however, that the alleged acts do not satisfy the six-factor test for determining whether an act is “malpractice” for purposes of the MMA as set forth by the Louisiana Supreme Court in Coleman v. Deno, 01-1517, 01-1519, 01-1521 (La.1/25/02), 813 So.2d 303 . 2 The Third Circuit addressed this same argument in McMillian v. Westwood Manor Nursing Home, Inc., 12-54 (La.App. 3 Cir. 5/30/12) , 92 So.3d 623 , writ denied, 12-1857 (La.11/9/12), 100 So.3d 839 .

12014–2014

Statutes the citing opinions construe

LA § La. Rev. Stat. § 40:1231.1 (5) LA § La. Rev. Stat. § 1:3 (3) LA § La. Rev. Stat. § 40:2114 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 41 (1996–2026) TX 34 (1996–2025) CA 18 (1989–2025) WV 13 (1980–2016) FL 13 (1994–2023) CT 13 (2000–2023) WA 13 (2004–2017) LA 11 (2002–2023) OH 10 (1998–2023) NM 10 (2001–2021) UT 8 (1985–2019) MN 6 (1982–2018) NY 5 (2024–2026) MD 5 (1985–2013) OR 5 (1981–2020) SC 4 (1999–2011) NV 4 (2020–2022) PA 4 (2016–2023) WI 4 (1987–2022) ID 4 (2012–2023) MS 4 (2009–2016) HI 4 (2001–2025) NJ 3 (2012–2026) AR 3 (1999–2014) ME 3 (2003–2017) CO 3 (1992–2011) NC 3 (2011–2023) VI 3 (2013–2023) AZ 2 (2011–2011) OK 2 (1995–2010) DE 2 (2017–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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