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Williams v. Tri-State Physical Therapy Inc.6/25/2003
lly seemed to be recovering from the February 13, 1998 incident. Gleason's May 1998 report notes indicate that Billy was continuing to improve, although with continued back pain. Gleason's June reports indicated that while Billy was engaged in work hardening to return to work, the February 13, 1998 incident aggravated Billy's back condition and set him back significantly.
On June 17, 1998, in a Physical Therapy Team Memo, Gleason removed work hardening from Billy's regimen due to the back pain Billy was experiencing. Gleason then decided to treat Billy with medication only. On June 29, 1998, Gleason's report noted that although Billy continued with therapy, his back problem continued to worsen. As a result, Gleason ordered a repeat MRI to check for any lumbar spine changes in Billy's lower back at the L5-S1 disk level. On July 1, 1998, Gleason noted that the repeat MRI, administered that day, showed that Billy's degenerated and bulging disk at L5-S1 was "worse" than reflected on the previous, pre-February 1998, MRI. That same day, Gleason showed Billy the MRI results. Gleason then concluded that conservative treatment for Billy had failed and recommended surgical intervention. His report noted that Billy was obtaining a second opinion. Gleason's July 22, 1998 report reflected that a second opinion relative to Billy's back injury and treatment was provided by Carl Goodman, M.D., who recommended further physical therapy prior to surgery. In January 1999, Billy underwent a surgical fusion and fixation in his lumbar spine at L5-S1. Following thereafter, Billy continued therapy treatment with Tri-State until October 1998 and with Gleason until June 29, 1999.
By certified letter from their attorney dated June 7, 1999, Billy filed with the Louisiana Division of Administration ("Division"), a claim for medical malpractice against Tri-State, Gleason, Barnes, the Center, and Liberty Mutual Insurance Company. Billy was advised by certified mail dated July 30, 1999 from the Malpractice Insurance Director for the Patient's Compensation Fund ("PCF") that Tri-State was not qualified under the PCF. Later, by certified letter dated September 8, 1999, Billy was notified by the PCF that Barnes was likewise not qualified under the PCF.
On September 17, 1999, Billy instituted suit in the First Judicial District Court against Tri-State and Barnes for the injuries Billy received on February 13, 1998. Tri-State and Barnes filed an Exception of Prescription alleging Billy's claim was prescribed on its face. The trial court set the exception for hearing on September 30, 2002. At the hearing, the parties entered into the following stipulations:
1. All records and bills associated with the care provided to Billy by Gleason and Tri-State were deemed authentic and admissible into evidence;
2. Billy filed a request for a Medical Review Panel on June 7, 1999; and
3. Billy received notification from the PCF dated July 30, 1999 that Tri-State was not a qualified health care provider and Billy received notification from the PCF dated, September 8, 1999, that Barnes was not a qualified health care provider under the PCF.
The trial court took the matter under advisement and on October 21, 2002, rendered judgment, without reasons, sustaining the exception and dismissing Billy's claim with prejudice. This appeal followed.
Discussion
Initially, we note that Billy's claim is subject to the liberative prescription of one year from the day that injury or damage is sustained, as a delictual action pursuant to La. C.C. art. 3492, as physical therapists are not listed among those health care providers covered under the special periods for pres
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