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Louisiana Patient's Compensation Fund Oversight Board v. Edwards12/15/2004
o having the brief returned, such punishment is generally reserved for only the most egregious cases. And while appellant's rebuttal brief does indeed reference information not introduced as evidence, it is not otherwise discourteous or offensive. We do not find that the statements complained of warrant such drastic measures as the punishments provided in the Uniform Rules. Rather, we will grant the motion to strike that part of the appellant's rebuttal brief referring to "evidence that may have come out during a hearing or trial ...."
PCFOB's Appeal
The PCFOB argues that the trial court erred in three respects. First, the trial court erred in ordering home renovations to begin within thirty days without taking evidence on the matter and without the matter even being before the court for a hearing. Second, the trial court erred in overruling the exception of lack of subject matter jurisdiction by overlooking the fact that the claims for future medical and related expenses fall within the PCFOB's exclusive jurisdiction. Third, the trial court erred in overruling the exception of improper venue by failing to recognize that the reconventional demand claims must be brought in East Baton Rouge Parish under La. R.S. 13:5104.
As set forth in La. R.S. 40:1299.44(D)(1)(a) and (2)(a), the legislature created the PCFOB and vested it with the responsibility and full authority under law for the "management, administration, operation and defense" of the Patient's Compensation Fund. The PCFOB's role with regard to payments for future medical care and related benefits required as a result of a medical malpractice settlement or judgment is explained in La. R.S. 1299.43(C) as follows:
C. Once a judgment is entered in favor of a patient who is found to be in need of future medical care and related benefits or a settlement is reached between a patient and the patient's compensation fund in which the provision of medical care and related benefits is agreed upon and continuing as long as medical or surgical attention is reasonably necessary, the patient may make a claim to the patient's compensation fund through the board for all future medical care and related benefits directly or indirectly made necessary by the health care provider's malpractice unless the patient refuses to allow them to be furnished.
The statute further provides, "The district court from which final judgment issues shall have continuing jurisdiction in cases where medical care and related benefits are determined to be needed by the patient." La. R.S. 40:1299.43(E)(1).
In Kelty v. Brumfield, 93-1142 (La. 2/25/94), 633 So. 2d 1210, 1218, rehearing denied, 93-1142 (La. 3/25/94), 635 So. 2d 247, the Louisiana Supreme Court interpreted La. R.S. 1299.43(C) as granting the PCFOB "exclusive jurisdiction for future medical care and related care claims."As explained in the opinion, the PCFOB's jurisdiction over future medical care and related claims includes the authority to receive and evaluate, as well as to pay, settle, or reject claims. Also included is the authority to "supervise the administration of continuing claims." Id. The Kelty opinion makes clear that the statue does not vest courts with original jurisdiction over future medical care claims and that allowing courts to conduct litigation involving future medical care claims would only conflict with and hinder the regulatory scheme. The supreme court concluded that:
he legislature intended to eliminate all judicial power in initial decision making or supervision over medical and related care claims and to vest such exclusive jurisdiction in the agency legislatively assigned to administer the PCF, subject only to court review
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