Robin Cleveland v. Our Lady of the Lake Hospital, Inc. ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ROBIN CLEVELAND NO. 2020 CW 0631
VERSUS
OUR LADY OF THE LAKE
SEPTEMBER 28, 2020
HOSPITAL, INC., ET AL
In Re: Our Lady of the Lake Hospital, Inc., applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 677879.
BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The trial court' s May 11, 2020
judgment
of
denying
the Lake
the exception
Hospital, Inc.
of prescription filed by Our Lady
and
referring it to the merits was
actually a referral of the exception to the merits. The relator
filed its exception of prescription pursuant to La. R. S.
40: 1231. 8 ( B) ( 2) ( a) which allows
a qualified health care provider
to raise a
peremptory exception of prescription " without the
need for completion of the
review process by the medical review
panel." Thus, in that context, " a ruling on an exception of
prescription
should occur prior to the completion of the medical
review panel since the exception, if meritorious, would dissolve
the medical review panel." In re Med. Review Panel for Claim of
Dede, 98- 0830 ( La. 4th
App. Cir. 5/ 20/ 98), 713 So. 2d 794, 795-
96. Accordingly, the trial court' s May 11, 2020 judgment
denying the relator' s exception of prescription and referring it
to the merits is vacated and the matter is remanded to the trial
court for determination of the merits of the relator' s exception
of prescription.
JMM
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT