## Facts

- Golden McRay, Jr. was admitted to Booker T. Washington Nursing Home (BTW) in May 1990.
- Within a few months, Golden was transferred from BTW to another nursing home, where caregivers found severe bed sores that were infected.
- Golden was hospitalized in critical condition and later died from the infection.
- Golden’s widow, Virginia McRay, and his children sued BTW for malpractice/negligence based on Golden’s care while he lived at BTW.
- BTW was served but never filed an answer or other responsive pleading.
- The McRays sought a default judgment. At the hearing to confirm the default, Virginia was the only live witness.
- Virginia testified that she complained to BTW staff about Golden’s bedsores and did not see staff treat the sores.
- Virginia testified that she complained to the Louisiana Department of Health and Hospitals (DHH), which investigated and that the investigation resulted in Golden’s transfer from BTW.
- Virginia also testified that Golden’s doctor told her Golden died from infection caused by the bedsores.
- Plaintiffs offered into evidence a DHH letter to Virginia’s former counsel and two DHH interoffice memoranda: one describing allegations about Golden’s condition and one summarizing DHH’s investigative findings.
- The trial court admitted the DHH documents and entered a default judgment against BTW.
- BTW appealed, arguing the evidence at the confirmation hearing was not competent to prove malpractice and could not support a prima facie case.

## Issues

1. Whether the evidence presented at the default-confirmation hearing was competent and sufficient to prove a prima facie case of malpractice/negligence against the nursing home, including standard of care, breach, and causation.
2. Whether the trial court could rely on Virginia McRay’s testimony and the DHH documents, despite hearsay and authentication problems, to confirm the default judgment.

## Decision

- The Louisiana Second Circuit vacated the default judgment and remanded.
- The court held that plaintiffs did not carry their burden under Louisiana default-confirmation rules to prove the claim with competent evidence.
- Virginia’s testimony did not supply competent proof of the applicable nursing-home standard of care and breach for the medical/nursing decisions involved.
- Virginia’s statement that a doctor told her the bedsores caused Golden’s death was hearsay and was not competent medical-causation evidence.
- The DHH letter and interoffice memoranda were inadmissible for proving negligence and causation because they were hearsay and were not properly authenticated for the use plaintiffs sought.

## Legal Principles

- A plaintiff confirming a default judgment must prove a prima facie case with competent evidence, as fully as if the defendant had denied every allegation.
- Default does not relax the evidentiary rules; the trial court must base confirmation on admissible, competent proof.
- In malpractice/negligence claims involving professional nursing or medical judgment, the standard of care and breach ordinarily require competent supporting proof beyond lay testimony when the issues are outside common knowledge.
- Medical causation generally must be shown by competent medical evidence; a lay witness’s repetition of a physician’s out-of-court statement is hearsay and cannot prove causation.
- Agency letters and investigative memoranda offered for the truth of their contents are hearsay unless a proper foundation is laid and a valid hearsay exception applies; without that, such documents cannot supply missing elements at default confirmation.

## Conclusion

Because the McRays relied largely on Virginia’s lay testimony and on DHH materials and a reported physician statement that were hearsay (and not properly authenticated for use as proof), the record did not contain competent evidence establishing the standard of care, breach, and medical causation required to confirm a default judgment for nursing-home malpractice; the appellate court therefore vacated the judgment and remanded for further proceedings.


McRay v. Booker T. Washington Nursing Home, 711 So. 2d 772 (1998)