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PCF OBLIGATED UNDER STANDING COURT ORDER
Published on: August 19, 2014
In Watkins v. Lake Charles Mem’l Hosp., 2013-1137 (La. 3/25/14), the Supreme Court addressed the extent to which the Louisiana Patient's Compensation Fund (“PCF”) continues to be obligated to make advance payments for custodial/attendant care for a medical malpractice victim, after receiving information indicating that such care may no longer be needed. In this case, the district court pursuant to its continuing jurisdiction had ordered the PCF to pay quarterly and in advance for the victim's custodial/attendant care.In its analysis, the Supreme Court noted that court orders must be obeyed until set aside, and that failure to comply with a court order is constructive contempt of court. The Court then held that the PCF was obligated to comply with the district court's ruling requiring advance payment, unless or until the ruling is modified or set aside by the trial court.
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