From Casetext: Smarter Legal Research

Washington v. Fustok

Supreme Court of Louisiana
Sep 21, 2001
797 So. 2d 56 (La. 2001)

Opinion

No. 2001-CC-1601

September 21, 2001.

IN RE: Fustok, Mohamed Dr. et al; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. L, Nos. 550-212; to the Court of Appeal, Fifth Circuit, No. 01-C-191


Granted. Plaintiff's premature suit did not interrupt prescription. LeBreton v. Rabito, 97-2221 (La. 7/8/98), 714 So.2d 1226. Moreover, the application indicates plaintiff's request for medical review panel was filed more than one year from the date of the alleged malpractice. As a result, prescription was never suspended under La. 40:1299.47 A(2)(a) Accordingly, the judgment of the trial court is reversed, and relator's exception of prescription is granted.

JPV

CDT

JTK

RLL

CALOGERO, C.J., I would grant and docket in order to reconsider the issue resolved in LeBreton v. Rabito, 97-2221 (La. 7/8/98), 714 So.2d 1226. As set forth in my dissent in LeBreton, I find no conflict between the provisions to Civil Code article 3462 and LSA-R.S. 40:1299.47 (A)(2) (a), as both provisions can easily be harmonized with the result of each provision being given full effect. The purpose for denying claims that are prescribed is to avoid denying the defendant a timely opportunity to investigate a matter and prepare a defense. That purpose is not served here, where the defendant was sued less than one year from the occurrence of plaintiff's injury.

KIMBALL, J., would grant and docket.

JOHNSON, J., would grant and docket.


Summaries of

Washington v. Fustok

Supreme Court of Louisiana
Sep 21, 2001
797 So. 2d 56 (La. 2001)
Case details for

Washington v. Fustok

Case Details

Full title:QUINZETTA WASHINGTON v. DR. MOHAMED FUSTOK, WEST JEFFERSON MEDICAL CENTER…

Court:Supreme Court of Louisiana

Date published: Sep 21, 2001

Citations

797 So. 2d 56 (La. 2001)

Citing Cases

Metro. Dev. Ctr. v. Liner

39(A)(1) requires that all medical malpractice claims be submitted to a medical review panel before filing…

Wesco v. Columbia Lake.

The jurisprudence is clear that a medical malpractice lawsuit that is premature because there is no ongoing…