Automated Summary
Key Facts
Plaintiffs Sarah Johnson, Juanita Leichman, and Tonette Dixon filed a medical malpractice claim against Ruston Louisiana Hospital and its employees for their father Tommy McNeal's death in 2015, which occurred during a colectomy surgery after sedation. They later amended their complaint in 2017 to name Dr. Gregg Keith Arena, the anesthesiologist, after discovering his role and self-employed status during discovery. The medical review panel found no breach of standard of care by Dr. Arena (with one dissent), and the trial court dismissed the claim against him as prescribed. The appellate court affirmed the dismissal, holding the amended complaint was filed over two years after the alleged malpractice, exceeding prescriptive periods under Louisiana law, though two justices dissented, arguing the original complaint suspended prescription against Dr. Arena.
Issues
- The court addressed whether filing a timely medical review panel complaint against the Hospital (and its employees) suspended the prescription period for Dr. Gregg Keith Arena, an anesthesiologist not initially named as a defendant. Plaintiffs argued the original complaint sufficiently identified the anesthesiologist's negligence, while Dr. Arena contended the lack of solidary obligation and delayed naming rendered the claim prescribed.
- The court evaluated if the plaintiffs' amended complaint, filed two years and ten months after the alleged malpractice, met the three-year deadline. Plaintiffs claimed discovery of Dr. Arena's identity and self-employment status during the medical review panel process justified the amendment. The court held the amendment was untimely as the original complaint lacked sufficient identification of Dr. Arena, and his name and status were discoverable with reasonable diligence.
Holdings
- Another dissenting opinion, citing In re Benjamin, holds the original complaint's identification of the anesthesiologist as a negligent actor was sufficient to suspend prescription against him. It contends the exception of prescription should have been denied, as the Hospital's independent contractor status should not override the clear identification in the original complaint.
- The court affirmed the trial court's judgment sustaining Dr. Arena's exception of prescription, ruling that the original medical review panel complaint against the Hospital did not suspend prescription against Dr. Arena (as he was not an employee) and the amended complaint adding him was filed over two years after the alleged malpractice, exceeding the one-year prescriptive period under La. R.S. 9:5628.
- The dissenting opinion argues the original medical review panel complaint sufficiently identified the anesthesiologist, and under La. R.S. 40:1231.8, the suspension of prescription should apply to Dr. Arena. It asserts the trial court erred in sustaining the exception of prescription and would reverse the judgment.
Remedies
- Costs of this appeal are assessed to Plaintiffs Sarah Johnson, Juanita Leichman, and Tonette Dixon.
- The judgment of the trial court sustaining the peremptory exception of prescription in favor of Dr. Gregg Keith Arena is affirmed.
Legal Principles
The court affirmed that prescription under Louisiana's Medical Malpractice Act is suspended for all joint and solidary obligors when a timely request for review is filed. However, plaintiffs must discover the 'act, omission, or neglect' within one year, not merely the identity of the defendant. The majority held that the original complaint against the Hospital did not suspend prescription for Dr. Arena because they were not solidary obligors, and plaintiffs failed to demonstrate reasonable diligence in discovering Dr. Arena's involvement and self-employed status. Dissenting opinions argued that identifying the anesthesiologist by first name in the original complaint should suffice to suspend prescription.
Precedent Name
- Edwards v. Alexander
- In re Benjamin
- Renfroe v. State ex rel. Dep't of Transp. and Dev.
- Med. Rev. Panel for Lane v. Nexion Health at Minden, Inc.
- Campo v. Correa
- Guitreau v. Kucharchuk
- Heirs of Jackson v. O'Donovan
- Wells v. Zadeck
- Specialized Loan Servicing, LLC v. Jan.
Cited Statute
- Louisiana Code of Civil Procedure
- Louisiana Medical Malpractice Act
- Louisiana Civil Code
Judge Name
- Judge Moore
- Judge Hunter
- Judge Stephens
- Judge Pitman
- Judge Stone
Passage Text
- The record shows the plaintiffs amended their complaint to the Patient's Compensation Fund (PCF) to add Dr. Arena as a party defendant during the time period when prescription was interrupted. Thus, I respectfully dissent and would reverse the trial court's judgment.
- For the foregoing reasons, the complaint against Dr. Arena, filed more than two years and ten months after the date of the alleged act of medical malpractice, has prescribed on its face and this assignment of error is without merit.
- That statute gives parties the time from the discovery of 'the act, omission or neglect,' not the name of the person who performed the act or whether he was an employee of the hospital. Those are facts which could have been discovered with reasonable diligence.