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Halle v. Our Lady of the Lake Hospital12/22/2000
provider, to a patient, including failure to render services timely and the handling of a patient, including loading and unloading of a patient, and also includes all legal responsibility of a health care provider arising from defects in blood, tissue, transplants, drugs and medicines, or from defects in or failures of prosthetic devices, implanted in or used on or in the person of a patient. (Emphasis supplied.) La.R.S.40:1299.41 (Acts 1976, No 183, ยง 1).
The Halles' claim against OLOL falls within the purview of the Medical Malpractice Act. Pursuant to Boutte, Mr. and Mrs. Halle are thus statutorily bound both by the requirement of asserting their claim as a medical malpractice claim and by the special period of limitation that governs that particular cause of action. Boutte , 99-2402 at pp.5-6, 759 So.2d at 49. Moreover, given the existence of a three-year peremptory statutory period, the contra non valentum exception is inapplicable. Id. The instant causes of action, both in negligence and strict liability, are therefore subject to the peremptive statutory period of "three years from the date of the alleged act, omission, or neglect." La. R.S.9:5628B.
In light of the recent Louisiana Supreme Court interpretation in Boutte, the denial of the exception of prescription raised by OLOL was in error. The judgment of the trial court is hereby amended to grant the exception of prescription in favor of OLOL. This court's grant of the exception of prescription on behalf of OLOL concomitantly renders the remaining assignments of error moot. All costs associated with this appeal are assessed to Harold and Rita Halle.
AFFIRMED AS AMENDED.
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