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Lagrange v. Schumpert Medical Center6/21/2000
tion site. In support of this argument, the plaintiff cites hospital and operative notes on October 8, 1996, stating that the plaintiff had a breakdown of the amputation site caused by falling on it about one week earlier. Under either theory, the plaintiff has failed to show that his medical malpractice claim against Schumpert, regarding injury to his amputation site, was timely.
In his deposition, the plaintiff claimed that the stump of his left leg was struck against a metal bed frame, resulting in injury which required additional surgeries. The hospital records show that the plaintiff claimed this incident occurred on September 16, 1996. This was after the second surgery at Schumpert. He has failed to show that this incident was not apparent or discoverable until one year before suit was filed. There is no showing that this injury resulted in additional amputation of the leg. Again, the plaintiff was aware of this alleged injury in September 1996. Therefore, any medical malpractice claim he might have based upon this incident had prescribed when the petition for a medical review panel was filed in October 1997.
On appeal, the plaintiff argued that he suffered another fall and injury to the leg on or after October 2, 1996. However, he has failed to show any information regarding when or how this alleged injury occurred. In his deposition testimony, the plaintiff was specifically asked about injury to his left leg. The plaintiff related only the alleged injury on September 16, 1996. The plaintiff was asked, "Now were there any other traumatic events during your Schumpert stay or your stay at Dubuis?" He responded, "No, sir."
It is important to note that any alleged injury on or after October 2, 1996 occurred not at Schumpert, but at Dubuis. The plaintiff has not asserted a medical malpractice claim against Dubuis Hospital. The plaintiff has claimed medical malpractice only against Schumpert and has failed to demonstrate that Schumpert and Dubuis are the same legal entity. Accordingly, we find that he trial court was not manifestly erroneous or clearly wrong in sustaining the exception of prescription filed in this matter by Schumpert.
CONCLUSION
For the reasons stated above, we affirm the trial court judgment sustaining an exception of prescription in favor of the defendant, Schumpert Medical Center, and dismissing the claims of the plaintiff, Wilbert LaGrange. Costs in this court are assessed to the plaintiff.
AFFIRMED.
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