Welch v. United Medical Healthwest-New Orleans

Patient sued operators of rehabilitation facility claiming that medical negligence resulted in the patient’s pressure wounds. In defense, the operators asserted tort immunity under the Louisiana Health Emergency Powers Act (LHEPA), due to a public health emergency declared in response to the COVID-19 pandemic. Held that the LHEPA immunity provision was rationally related to the state’s interest in ensuring access to medical care during a health emergency, and thus did not violate access to courts and adequate remedy provision nor due process provision of state constitution. Also held that the provision was not constitutionally overbroad, nor did not violate state constitution’s prohibition of special laws. The provision was a public welfare legislation enacted to protect the health and safety of all Louisiana citizens during an emergency, and ensured availability of healthcare by limiting healthcare workers’ liability. The provision also applied to all healthcare providers—a legitimate class of persons—rather than just a special few.