Katrina Settlement Leaves Questions About Disaster Prep for Hospitals

General negligence awards aren't capped

In an earlier ruling before the trial started, the Louisiana Supreme Court rejected an attempt by Pendleton Methodist to limit the potential award to $500,000, which is Louisiana's cap for medical negligence, Grizzle said.

The state has no cap for general negligence, which the LaCoste case was tried under.

"The court is saying, at least here, that more should have been done" by the hospital, Grizzle said of the earlier Supreme Court ruling.

Whether other jurisdictions in the country look to this ruling for guidance or let it remain as part of the unique circumstances of Katrina will be an important point for hospital CEOs and planners to follow, she added.

It's possible that courts and juries could look at the LaCoste lawsuit and others that are coming and apply them broadly to more common disaster scenarios.