Recent Development by E.W. McNeil
On July 18, 1985, Annis Ducote injured his left hand while working at the American Cyanamid plant in Louisiana. He was treated for a sprain and told to return to work by Dr. Matthew Albert, a licensed physician employed on a full-time basis by American Cyanamid to provide medical services to plant employees at a medical facility located on the plant grounds. During the following week, Ducote's condition deteriorated. He was referred to other physicians for treatment, and they determined that Ducote had suffered torn ligaments and a permanent partial disability of his left wrist. After Ducote filed a medical malpractice action against Dr. Albert and others, the trial court granted summary judgment in favor of Dr. Albert, finding that his status as Ducote's co-employee limited Ducote under Louisiana Revised Statutes section 23:1032 to the exclusive remedy of worker's compensation. The Louisiana Fifth Circuit Court of Appeal reversed, holding that Dr. Albert was personally liable for any negligent medical treatment, because he was an independent contractor as defined by Louisiana Revised Statutes section 23:1021(6) rather than a co-employee of Ducote. The Louisiana Supreme Court granted certiorari and affirmed, but it rejected the appellate court's reasoning, holding instead that the dual capacity doctrine prohibited Dr. Albert from claiming tort immunity, and that his liability must therefore be determined under general tort law and the Louisiana Medical Malpractice Act. Ducote v. Albert, 521 So. 2d 399 (La. 1988).
About the Author
E.W. McNeil.
Citation
63 Tul. L. Rev. 935 (1989)