Logourl black
From our private database of 13,800+ case briefs...

Kadlec Medical Center v. Lakeview Anesthesia Associates

United States District Court for the Eastern District of Louisiana
2005 WL 1309153 (2005)


Facts

Dr. Robert Lee Berry was a practicing anesthesiologist and shareholder in Lakeview Anesthesia Associates, L.L.C. (Lakeview) (defendant). Berry also had staff privileges at Lakeview Regional Medical Center (LRMC). In March 2001, Berry failed to respond to several pages while on a 24-hour shift at LRMC and was found sleeping in a chair and “appeared to be sedated.” Based on this incident and suspicions that Barry was stealing Demerol from the hospital, he was terminated from Lakeview and his LRMC staff privileges were revoked. Thereafter, Berry sought employment from Kadlec Medical Center (Kadlec) (plaintiff). Prior to his employment at Kadlec, the facility sent a letter to LRMC requesting recommendations and evaluations of Berry’s skills and abilities. Kadlec also included a questionnaire with specific questions it wanted answered. In response to the letter, LRMC sent Kadlec a very brief letter stating only that Berry was on staff between specific dates. No further information was given and the questionnaire was not filled out. Based on LRMC’s letter and the recommendations provided by Berry’s former colleagues at Lakeview, Kadlec hired him. Approximately a year later, Berry was impaired by drugs while performing a surgical procedure at Kadlec and committed gross negligence resulting in a patient suffering severe brain damage. During discovery of the subsequent malpractice case, Kadlec first learned that Berry had been fired from Lakeview “for cause.” Kadlec settled Berry’s malpractice case and then filed suit against Lakeview, its shareholders, and LRMC for intentional, negligent, and strict responsibility misrepresentation and negligence based on LRMC’s omission of material facts in the letter to Kadlec. The district court, in exercising diversity jurisdiction pursuant to 28 U.S.C. § 1332, applied the substantive law of the forum state, Louisiana, in a hearing on the motion. LMRC’s moved for summary judgment.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (not provided)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.