Thomas Williams, individually and on behalf of Hilda Williams v. Hometown Senior Care, LLC and Stacy D. Jones, M.D.

Summary

The Louisiana Court of Appeal, First Circuit granted supervisory writs and reversed the district court’s denial of defendants’ exception of prescription. The court held that the medical malpractice claims against the non-qualified health care provider and its liability insurer were untimely because the request for review did not suspend prescription beyond the applicable ninety-day period after notice of non-qualification.

Holdings

1. The claim was untimely because the applicable prescriptive period expired before plaintiff filed the petitions against Hometown.

Questions Presented

1. Whether plaintiff's medical malpractice claim against the non-qualified health care provider was prescribed.
2. Whether the timely filing of a request for review against other qualified health care providers suspended prescription as to Hometown Senior Care, LLC, a non-qualified provider and alleged joint tortfeasor, beyond ninety days after notice that it was not covered under the Louisiana Medical Malpractice Act.

Disposition

writ_granted