K.P. v. LEBLANC

No. 12-30456.

729 F.3d 427 (2013)

K.P., Medical Doctor; D.B., Medical Doctor; Hope Medical Group for Women, Plaintiffs-Appellees v. Lorraine LeBLANC, in her official capacity as Executive Director of the Louisiana Patient's Compensation Fund Oversight Board; Clark Cosse, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Melanie Firman, in her official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Vincent Culotta, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; William Schumacher, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Joseph Donchess, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Dionne Viator, in her official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Daniel Lennie, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Manuel Depascual, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 4, 2013.


Attorney(s) appearing for the Case

Stephanie Toti, Esq. , Staff Attorney, Bonnie Scott Jones, Esq. , New York, NY, William E. Rittenberg, Esq. , Rittenberg, Samuel & Phillips, L.L.C., New Orleans, LA, for Plaintiff-Appellee.

Carlton Jones, III , David A. Woolridge, Jr. , Roedel, Parsons, Koch, Blache, Balhoff & McCollister, A.L.C., Baton Rouge, LA, for Defendant-Appellant.

Lawrence John Joseph , Washington, DC, Amicus Curiae.

Before HIGGINBOTHAM, CLEMENT, and HAYNES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

I.

In the early 1970s, a dearth of affordable medical-malpractice insurance threatened Louisiana's healthcare system. Some physicians closed their Louisiana offices, and others practiced without insurance. Louisiana responded with its Medical Malpractice Act of 1975, creating the Louisiana Patient's Compensation Fund.

The Fund served two objectives: fostering a stable...

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